{"id":127,"date":"2022-06-06T23:50:07","date_gmt":"2022-06-06T23:50:07","guid":{"rendered":"https:\/\/www.smashpops.com\/blog\/?page_id=127"},"modified":"2024-05-22T12:16:16","modified_gmt":"2024-05-22T12:16:16","slug":"collecting-sms-consent","status":"publish","type":"page","link":"https:\/\/www.smashpops.com\/blog\/collecting-sms-consent\/","title":{"rendered":"Collecting SMS Consent"},"content":{"rendered":"

In this page, we’ll go through what needs to be respected in order to properly collect SMS consent. This information may vary depending on your country’s laws, so please make sure that you comply with your local laws to avoid fines (which could be a $500-$1,500 fine per SMS<\/strong> that is not compliant to TCPA<\/a>). This article is not legal advice, is not a contract, and does not create any legal rights or obligations.<\/strong><\/p>\n

You need express consent and clear wording<\/h2>\n

A subscriber must know what they are opting into.<\/p>\n

You need to clearly state that individuals are consenting to receive text messages from your business. The text must mention SMS : mentioning “marketing messages” in a general sense is not enough. You also need to update and link any relevant legal documents like your terms of service<\/a> and privacy policy<\/a> to explain how SMS consent will be handled.<\/p>\n

There are also specific requirements depending on your country\/region’s laws and it is your responsibility to respect them (this page is not legal advice). For instance, in the US, the TCPA law requires that you mention that messages may involve the use of an autodialer and that consent is not a condition of any purchase. Here are two articles about SMS compliance (made by Klaviyo) : here<\/a> and here<\/a> (+ another one specific to the US<\/a>).<\/p>\n

Failure to respect SMS consent laws (for instance by not providing the type of disclaimer mentioned above) can result in fines<\/strong>. Also, some practices like double opt-in<\/a> are often mandatory, and always highly recommended.<\/p>\n

How do I put my disclaimer into SmashPops?<\/h2>\n

Now that you have checked your legal requirements and that know what disclaimer you are required to write, let’s see how you enter it in your SmashPops popup.<\/p>\n

 <\/p>\n

1.<\/strong> Go to “Design > Form fields” and check “Add a mandatory opt-in checkbox” to add a mandatory consent checkbox to your form.<\/p>\n

\"Mandatory<\/p>\n

 <\/p>\n

 <\/p>\n

2.<\/strong> Enter your disclaimer in the text field.<\/p>\n

The field supports HTML. So you can use <br> to skip lines<\/a> and <a href=””><\/a> to insert links<\/a>.<\/p>\n