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SMS Consent: What You Need to Know

Understanding TCPA compliance and proper consent for SMS marketing.

SMS Consent Essentials

Proper consent isn't just legal protection—it's the foundation of effective SMS marketing.

Types of Consent

Type

Use Case

Example

Express Written

Marketing messages

Web form, text keyword

Express Verbal

Transactional follow-up

Phone conversation

Implied

Existing relationship

Order confirmations

Required Disclosures

Your opt-in form MUST include:

  • Your business name

  • Message frequency (e.g., "up to 4 msgs/month")

  • "Message and data rates may apply"

  • How to opt out ("Reply STOP to unsubscribe")

  • Link to privacy policy

Opt-In Examples

Good: "By entering your phone number, you agree to receive marketing texts from [Business]. Up to 4 msgs/month. Msg & data rates may apply. Reply STOP to cancel."

Bad: "Enter phone for updates" (Missing frequency, opt-out, rates)

Record Keeping

Maintain records of:

  • When consent was given

  • How consent was obtained

  • What disclosures were shown

  • IP address (for web forms)

Hermes handles consent management automatically. Learn more →