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Understanding SMS consent

Overview

Before sending SMS messages to your contacts through Ortto, obtaining explicit consent is essential. This article explains how consent must be given and maintained to comply with legal and best practice standards.

Ortto requires you to obtain explicit consent before sending SMS messages to contacts. Consent cannot be traded, bought, or transferred.

IMPORTANT: Obtaining consent by purchasing a list of phone numbers from a third party does not satisfy consent requirements and is against our Acceptable Usage Policy.

You must obtain permission from the recipient before sending any SMS messages. This consent should clearly explain what type of messages they are agreeing to receive. You are also required to keep a record of this consent, such as a signed document, form, or timestamp from a registration process.

If you do not send a message to the recipient within a reasonable time after obtaining consent (or as required by local laws or recommended practices), you must reconfirm the consent in the first message you send.

IMPORTANT: The consent is valid solely for your use and for the specific campaign or purpose the recipient agreed to. It cannot be extended to include messages from other brands or businesses or for different campaigns or purposes.

You should store proof of consent, such as opt-in records, as required by local laws or best practices, even after the recipient opts out of receiving messages.

While obtaining consent is always required and the criteria listed above are the most secure route, there is one situation where consent can be acquired in a different way.

Messages based on an existing relationship: If there is a pre-existing relationship with the individual, you can send messages where they have provided their phone number and taken an action that indicates they are open to receiving communication. Examples of such actions include clicking a button, setting an alert, making an appointment, or completing an order. Acceptable messages in this scenario include reminders, receipts, one-time passwords, order confirmations, or updates about appointments or services.

NOTE: Messages in this context cannot be used for promotional purposes, to encourage purchases, or to advocate for a social cause.

Capture widgets

One of the native ways to capture SMS opt-ins is by leveraging Ortto’s widgets:

Example of a capture widget that collects a phone number. (Click on the GIF to maximize it).

TIP: When you add the phone number field to a form, we automatically include the TCPA compliance text, which cannot be removed for compliance reasons.

Learn more about creating a new capture widget.

Incentives and email cross-promotion

  • Incentives: Encourage contacts to opt in for SMS by offering a valuable incentive, such as a discount on their next purchase, early access to sales, or exclusive promotions only available to SMS subscribers. Clearly communicate the benefits to increase opt-in rates.
  • Cross-promote via email: Use your email campaigns to highlight the advantages of SMS updates, such as real-time notifications, special deals, or personalized alerts.

No matter the opt-in method, it's crucial to obtain explicit consent and explain what subscribers will receive by joining your SMS list. Be sure to include an opt-in checkbox with a clear description during sign-up.

SMS opt-out

Recipients can opt out of all Ortto-generated SMS by sending a predefined STOP reply via SMS or clicking the unsubscribe link, depending on the campaign settings.

Learn more about SMS opt-out methods.