How do you collect SMS consent properly?
A clear disclosure of what the person is signing up for, an unambiguous action showing they agreed, and a record you keep. A buried checkbox does not meet the standard.
The short answer
- TCPA rules generally require prior express written consent before sending marketing text messages. That means an agreement, in some written form, that clearly identifies what kind of messages the person is agreeing to receive and at what number.
- The FCC has held that written consent can be obtained through a variety of mediums, including web forms. A physical signature is not the only path. The disclosure and the affirmative action still need to be clear and unambiguous.
- Consent is treated as specific: to the channel (SMS, not email), to the sender, and to the type of message (marketing versus transactional). One broad opt-in does not cover every kind of text a business might want to send later.
- A pre-checked box, a vague disclosure buried in fine print, or consent bundled into an unrelated terms-of-service acceptance are common patterns that do not clearly meet the standard consent rules are understood to require.
Why 'they gave us their number' is not consent
A person handing over a phone number, on a form, in a chat, or verbally, is not the same as that person agreeing to receive marketing text messages at that number. Consent under the TCPA framework is understood to require a specific, affirmative action tied to a clear disclosure. The person needs to know they are agreeing to receive texts, roughly what kind, and from whom. They need to actively agree, rather than have agreement assumed from an unrelated action like completing a purchase or filling out a contact form for a different purpose.
The FCC has confirmed that written consent does not require a literal ink signature. It can be obtained through mediums like web forms, provided the disclosure and the action are clear. That flexibility does not lower the bar on clarity. A checkbox checked by default. A disclosure in dense fine print far from the signup action. Consent folded silently into a general terms-of-service acceptance. Those patterns fail to clearly show the person's own affirmative choice, which is the standard's underlying purpose.
Consent patterns
| Pattern | Generally treated as adequate? |
|---|---|
| Unchecked box, clear disclosure, person actively checks it | Yes, this is the commonly recommended pattern |
| Pre-checked box | No, does not clearly show an affirmative choice |
| Consent buried in unrelated terms of service | No, disclosure is not clear |
| Verbal consent during a call, documented and timestamped | Can be adequate depending on jurisdiction and documentation; verify specifics |
This table describes commonly cited patterns, not a definitive legal standard for every jurisdiction. This is not legal advice.
What to actually set up
Build the opt-in with an unchecked box and a plain-language disclosure right next to it. State what kind of texts the person will receive and roughly how often. Keep a record that captures the timestamp, the exact language shown, and the number itself. Store that record somewhere retrievable. Being able to show what consent looked like at the time matters more than simply having been granted it.
Disclosure: SalesCrew is our product, and SMS features are on our roadmap and not shipped today. This page is not describing a SalesCrew consent flow. The consent standard described here applies to any business collecting SMS opt-in, through any tool.
A pre-checked box is a common and risky mistake
Questions
- Is a pre-checked box on a form enough?
- A pre-checked box does not clearly show the person's own affirmative action, which is what the written consent standard is aiming for. An unchecked box the person actively checks is the safer pattern. This is not legal advice.
- Does consent to email marketing also cover SMS?
- No. Consent is generally treated as specific to the channel and the purpose it was given for. An email opt-in does not extend to text messages, and a marketing text opt-in does not automatically cover a different kind of message.
- How long should consent records be kept?
- There is no single published retention period for consent records. Keep them for as long as the number could plausibly still be contacted, and be able to produce them if asked. That is the safer practice absent specific guidance for your situation. This is not legal advice.