Marketing SMS Written Consent

Marketing SMS Consent Landscape

Marketing SMS campaigns face 3 overlapping regulatory frameworks requiring simultaneous adherence: TCPA express written consent mandates prohibiting unsolicited promotional messages, TCR Marketing use case registration with stricter approval standards, and carrier-specific SHAFT content restrictions enforced through automated filtering. Non-compliance exposes organizations to class-action litigation combining TCPA statutory damages with carrier-level traffic blocking and sender suspension.

Marketing-Specific Compliance Requirements

Marketing SMS programs require 5 compliance controls addressing TCPA consent mandates, TCR use case standards, and carrier content policies. Implementation addresses affirmative action requirements while establishing consent archiving infrastructure supporting TCPA litigation defense.

1. 1

   Affirmative Action Opt-In Implementation

   TCPA prohibits pre-checked consent boxes requiring recipients to actively uncheck to decline messages. Marketing consent must originate from unchecked checkboxes, SMS keyword replies, or web forms with explicit submission actions. Purchase completion without separate consent checkbox constitutes implied consent violating express written authorization standards.

   Violation Pattern: Pre-checked boxes during checkout process where customers must actively uncheck to decline SMS. TCPA requires affirmative action where silence or inaction cannot constitute consent. Deploy separate, unchecked consent mechanisms with explicit "I agree" checkbox or keyword opt-in requiring deliberate subscriber action.
2. 2

   Marketing vs. Transactional Distinction

   Content mixing promotional offers with transactional updates converts entire campaign to marketing use case requiring express written consent. Order confirmations qualify as transactional with basic consent. Cart abandonment promotions constitute marketing requiring separate authorization. Single message containing promotional upsell alongside order status triggers marketing classification with stricter consent requirements.

   Use Case Impact: Transactional messages (order confirmation, shipping updates) achieve 85-95% TCR approval with 600 msg/min throughput. Marketing content (promotional offers, discounts, new product announcements) drops approval to 60-75% with 240 msg/min limits. Mixed content defaults to stricter marketing classification regardless of primary message purpose.
3. 3

   SHAFT Content Policy Compliance

   Carriers filter marketing messages for prohibited SHAFT categories through automated keyword detection and manual sample review. T-Mobile blocks messages containing alcohol brand names, cannabis terminology, firearm references, or adult content regardless of business legitimacy. AT&T requires age-verification documentation for age-gated content including vaping and alcohol promotions.

   Carrier Variations: T-Mobile enforces strictest SHAFT filtering blocking crypto promotions and phishing simulation testing. AT&T permits age-gated alcohol marketing with documented age verification mechanisms. Verizon focuses on behavioral pattern detection for volume spikes and keyword stuffing. Submit conservative sample messages during TCR registration avoiding borderline SHAFT content.
4. 4

   Consent Record Archiving Infrastructure

   TCPA litigation defense requires comprehensive consent documentation proving express written authorization at message transmission time. Archive timestamp with timezone, consent language version, IP address or device identifier, opt-in method, and user confirmation evidence. Consent records must remain accessible for 4+ years covering TCPA statute of limitations for class-action defense.

   Technical Implementation: Deploy consent management platform with versioned disclosure tracking. Capture exact consent language presented during opt-in including message frequency disclosure, opt-out instructions, and terms of service links. Associate consent record with subscriber phone number via timestamp allowing litigation-specific consent production for discovery requests.
5. 5

   TCR Trust Score Optimization

   Marketing campaigns face enhanced scrutiny during TCR review process requiring trust score optimization for approval acceleration. Obtain DUNS number (D&B business verification), age domain 6+ months, build 4+ star online review presence, complete business verification documents. Trust scores 75+ achieve 90%+ marketing approval rates with automated carrier processing versus 40-60% below score 50.

   Score Impact: High trust scores (75-100) approve marketing campaigns in 24-48 hours with 4,500 msg/min premium throughput. Medium scores (50-74) require 3-5 day manual review with 600 msg/min standard limits. Low scores (below 50) trigger carrier escalation extending approval 2+ weeks with 60 msg/min restricted throughput pending compliance verification.

Required Consent Elements for Marketing

Marketing SMS consent must satisfy TCPA express written authorization standards through explicit disclosure elements. Consent language requires specific mandatory components distinguishing marketing messages from transactional communications while establishing opt-out processing requirements.

Mandatory Disclosure Components

• Message Purpose Statement: Specify promotional nature explicitly using "marketing messages," "promotional offers," or "special deals" language. Generic "communications" terminology triggers TCR rejection for vagueness failing TCPA express authorization specificity requirements.
• Frequency Disclosure: State "message frequency varies" rather than fixed volume commitments. Specific frequency projections ("2 messages per week") create enforceable contracts requiring adherence. Variable frequency language provides operational flexibility while meeting disclosure standards.
• Carrier Fee Acknowledgment: Include mandatory "message and data rates may apply" disclosure. Omission constitutes incomplete TCPA consent creating class-action exposure despite subscriber awareness of typical carrier messaging charges.
• STOP Keyword Instructions: All marketing messages must include "Reply STOP to unsubscribe" or equivalent opt-out language. URL-only unsubscribe mechanisms without SMS keyword support fail CTIA best practices. Process STOP requests within 10 business days per TCPA requirements.
• Privacy Policy Link: Provide URL to SMS-specific privacy policy section addressing message content, affiliate sharing practices, and data retention. Generic privacy policy without SMS provisions triggers AT&T rejection for incomplete carrier disclosure requirements.
• Not Conditioned Declaration: Explicitly state SMS consent is not required for purchase completion. "Consent is optional" or "not a condition of purchase" language prevents TCPA violation claims of conditioned authorization where purchase requires message acceptance.

TCR Marketing Use Case Registration

Marketing campaigns register under TCR Marketing use case or Mixed Marketing + Customer Care when combining promotional content with account servicing. Standard Marketing use case applies to pure promotional messaging including discount offers, new product announcements, and seasonal campaigns. Mixed use case accommodates businesses blending order updates with cross-sell opportunities. Use case selection impacts approval rates (Marketing: 60-75% vs. Customer Care: 85-95%) and throughput allocation (Marketing: 240 msg/min vs. Customer Care: 600 msg/min).

Implementation Roadmap

Marketing organizations achieve compliant SMS operations in 3-5 weeks through phased deployment addressing affirmative action consent capture, TCR marketing use case registration, and consent archiving infrastructure. Implementation sequence prioritizes TCPA compliance before campaign activation preventing class-action exposure and carrier suspension.

Frequently Asked Questions

Marketing Compliance Resources