If your business sends text messages in the US, you need to follow certain specific regulations. These rules exist to protect people from unwanted messages and give them control over how businesses reach them.

In the US, SMS messaging is regulated by:

• The FCC (Federal Communications Commission) oversees all forms of electronic communication, including text messaging.
• The TCPA (Telephone Consumer Protection Act) sets the legal standards for consent and message delivery.
• Cellular Telecommunications and Internet Association(CTIA) and Mobile Marketing Association (MMA) are industry organizations that define best practices, especially around opt-in and opt-out flows.

For any promotional or marketing message, you need permission from the recipient. That permission needs to be recorded and tied to the actual phone number receiving the message.

Failing to follow these rules can lead to serious penalties up to $1,500 per message if a court finds the violation to be intentional.

These aren’t edge cases. Mistakes like sending a marketing message without verified consent, failing to honor an opt-out, or collecting consent without a timestamp can all result in risk.

This guide is here to help you set up the right workflows and compliance to avoid any penalties.

4 Practical Tips for SMS Opt-In Compliance

Getting compliance right starts with the opt-in process. This is where most of the legal risk sits and where businesses have the most control. If you can show that each recipient gave permission to receive messages and that you’ve honored their preferences, you’re in a strong position.

These four steps cover what’s required at each stage of opt-in and opt-out. They’re based on U.S. regulations (TCPA, CTIA, MMA) and are applicable across industries.

Step 1. Get Clear, Verifiable Consent

Before you send any marketing or promotional message, you need proof that the person receiving it agreed to be contacted. This applies whether you’re texting leads, customers, or event attendees.

Text Opt-in consent should be:

• Explicit – Not assumed, bundled, or buried in other terms.
• Informed – The person should know they’re signing up for messages from your business.
• Optional – The consent cannot be mandatory for them to access a service or offer.

And just as important – you need to record and store that consent. Under TCPA guidelines, businesses are expected to keep proof of consent for at least four years.

Accepted methods for capturing consent:-

Once consent is captured, it must be linked to the phone number and include a timestamp. SMS Magic does this automatically storing the source, method, and consent date directly within Salesforce.

This not only keeps you compliant, but also gives teams clear visibility into who’s opted in and when.

If you ever need to prove consent, you should be able to pull up a record tied to that contact’s number in seconds.

Step 2. Choose Between Single and Double Opt-In

Once someone gives you their number, the next question is how do you confirm they actually own the device? That’s where the difference between single and double opt-in comes in.

The choice depends on how you received the initial consent. Some methods require an extra step to verify that the person on the other end is truly giving permission.

What’s the difference?

Single opt-in is valid only when the user initiates contact by texting you first. In this case, consent is assumed to come from the device owner and can be logged immediately.

Double opt-in adds a confirmation step, typically a message like:

This confirmation is especially important when:

• Consent was collected through a form, landing page, or event registration
• You want an extra layer of protection against disputes
• You’re operating at scale and need a clean, verified list

SMS Magic supports both flows. You can set rules that automatically send confirmation messages based on how the number was captured. Each reply is logged with a timestamp inside Salesforce, creating a clear audit trail.

When in doubt, double opt-in is safer and in many cases, required by industry guidelines.

Step 3. Disclose Program Details Upfront

Before someone agrees to receive your texts, they need to know what they’re signing up for. Clear disclosures are not just good practice, they’re part of what keeps you compliant with CTIA and MMA guidelines.

You’re expected to tell users:

• What kinds of messages they’ll receive – (e.g., appointment reminders, promotional offers, updates)
• How often they can expect to hear from you – (e.g., “4 messages per month” or “Weekly alerts”)
• That message and data rates may apply
• Where to find your terms and privacy policy
• How to opt out at any time

This information can be included:

• In a web form, next to the opt-in checkbox
• In a text message during the opt-in process
• On a landing page linked from the message

Example of a compliant confirmation message:

This message does a few important things:

• Confirms the opt-in
• Sets expectations clearly
• Covers key compliance elements in one place

SMS Magic allows you to create reusable message templates that include this language. You can trigger these messages automatically after any opt-in event whether it’s a keyword text, form fill, or API submission.

Setting expectations early avoids confusion later and shows respect for your audience’s attention.

Step 4. Respect and Respond to Opt-Outs

Once someone chooses to stop receiving messages, you’re legally required to honor that request promptly and without additional steps. Ignoring or delaying opt-outs is one of the fastest ways to end up in non-compliance.

Here’s what’s expected:

A. Make Opting Out Easy

Every message doesn’t need to include opt-out instructions but industry guidelines recommend that you include them at least once per month, or more frequently if you’re sending messages often.

A simple line like:

“Reply STOP to unsubscribe”

…is enough. Keep the keyword short, clear, and easy to remember. You can also offer alternatives like HELP or PAUSE if relevant but STOP must always work.

B. Acknowledge the Opt-Out

When someone opts out, send an automatic confirmation so they know the request was received and processed.

Example – “You’ve been unsubscribed from Acme Health alerts. No further messages will be sent.”

C. Record and Enforce Opt-Outs

This part matters just as much as the messaging. You need to:

• Log the opt-out with a timestamp
• Remove or suppress the contact from future campaigns
• Ensure no further messages are sent—unless the person opts back in

SMS Magic handles this automatically. When someone replies with STOP (or any configured opt-out keyword), the platform:

• Acknowledges the opt-out
• Removes the number from active message lists
• Stores the opt-out in Salesforce, along with the date and message context

That way, your team has full visibility and an audit trail if you ever need to verify opt-out status.

Compliance doesn’t end after someone opts in; it continues with how you handle their right to change their mind.

Common Mistakes to Avoid with Consent Management

Even when businesses aim to follow the rules, small oversights can lead to problems. Most compliance issues come from how the process is executed, not from ignoring the law entirely.

Here are some common mistakes to watch for:

1. Sending marketing messages without clear, written consent

Assuming that a shared phone number equals permission is one of the most common mistakes. Consent must be explicit, documented, and specific to receiving promotional texts, not just general communication.

2. Assuming Transactional Messages Don’t Need Consent

Order confirmations and appointment reminders are typically allowed without explicit text opt-in, but only if the recipient is an existing customer and the message is clearly related to that transaction. If you slip any promotional language into a transactional message, you’ll need prior consent.

3. Skipping Double Opt-In for Form Submissions

Collecting a phone number on a form isn’t enough. If the recipient hasn’t confirmed consent from their mobile device, you’re missing a key verification step. That’s why CTIA and MMA recommend double opt-in for web forms, email, or event lists.

4. Not Logging Consent or Opt-Out Timestamps

Saying someone opted in isn’t enough. You need to prove when and how it happened. This includes:

• What the user did (e.g., checked a box, sent a keyword)
• When it happened
• What they were told at the time

If you can’t pull that up in a record, it’s as if it never happened.

5. Letting Old Lists Linger

Just because someone opted in two years ago doesn’t mean they’re still engaged, or that your messages are still relevant. If contacts haven’t responded or clicked in a long time, consider reconfirming their opt-in.

6. Missing or unclear opt-out instructions

Regulations expect you to give users a clear, easy way to stop messages. Failing to include “Text STOP to opt out” or hiding it deep in the fine print can lead to complaints or worse, fines.

7. Ignoring or delaying opt-out requests

An opt-out isn’t just a preference; it’s a legal instruction. Failing to process it immediately (or continuing to message the contact afterward) is a serious violation.

8. Re-adding Opted-Out Contacts Without a New Opt-In

You can’t just add someone back to your list because they entered a new campaign or resubmitted a form. If they’ve opted out before, you’ll need to get fresh consent, ideally using a double opt-in flow.

How SMS Magic Helps You Stay Compliant

Compliance can get messy when processes are manual, and teams rely on multiple tools to manage opt-ins, opt-outs, and messaging. SMS Magic brings it all into one place directly inside Salesforce, so nothing slips through the cracks.

Here’s how it supports each part of the compliance workflow:

1. Built-in Opt-In and Opt-Out Tracking

SMS Magic logs every opt-in and opt-out with a timestamp, message content, and channel – all tied to the contact’s Salesforce record. You always have a clear audit trail if you need to show when consent was given or withdrawn.

2. Support for Both Single and Double Opt-In

You can set up flows that trigger confirmation messages based on how the number was captured. If it came from a web form, SMS Magic can automatically send a “Reply YES to confirm” message and store the user’s response.

3. Custom Opt-In Messages with Full Disclosures

Templates let you include key compliance language, including message type, frequency, opt-out instructions, terms, and privacy links without rewriting every time. These messages can be triggered instantly when someone joins a list or replies to a keyword.

4. Automated Opt-Out Handling

When someone replies with STOP (or any opt-out keyword you configure), SMS Magic automatically:

• Sends a confirmation message
• Suppresses the contact from all future messages
• Logs the opt-out in Salesforce for full visibility

There’s no manual cleanup, no list errors, and no risk of accidentally sending messages to someone who opted out.

5. Compliance by Default in Every Campaign

Because consent is tracked at the record level, campaigns and automation flows can be set to message only those contacts who’ve explicitly opted in. This prevents accidental sends to unverified numbers, especially useful in fast-moving campaigns.

SMS Magic doesn’t just help you follow compliance rules, it builds them into your workflows so your team doesn’t have to think about them every time. That way, you stay focused on messaging while the platform handles the rest.

Schedule a demo to see how SMS Magic helps your team stay compliant by design, not just intention.

Frequently Asked Questions

What is an opt-in text message?

An opt-in text is a message sent to someone who has given clear permission to receive texts from your business. This permission must be documented and linked to the phone number receiving the message.

What is an opt-out text message?

An opt-out text is a message sent by a user to stop receiving further texts, typically using keywords like “STOP” or “UNSUBSCRIBE.” Businesses must honor this request immediately and confirm the opt-out.

Why are opt-in and opt-out options important?

These are required under laws like the TCPA and guidelines from CTIA and MMA. They give users control and protect your business from fines or complaints. Without them, your messages may be considered spam.

How do businesses comply with SMS regulations?

By collecting and storing proof of opt-in, offering a clear opt-out method, honoring unsubscribe requests, and sending messages only to contacts who have given valid consent. Each of these steps should be logged.

What’s the difference between transactional and promotional messages?

Transactional messages relate to specific actions or services (e.g., appointment reminders, receipts). Promotional messages aim to sell or upsell, and require explicit opt-in. Mixing the two without proper consent can lead to violations.

What are the best practices for managing opt-in and opt-out?

Use double opt-in where possible, disclose message details before the first send, keep records of all consent activity, and include opt-out instructions in regular messages. Automation helps reduce the chance of errors.