SMS/TEXT MESSAGE MARKETING CONSENT

Effective Date: [DATE]
Last Updated: [DATE]

IMPORTANT: PLEASE READ BEFORE PROVIDING CONSENT

By providing your phone number and checking the consent box, you are agreeing to receive marketing text messages from [COMPANY NAME] at the phone number you provide. This consent is not a condition of any purchase.

1. CONSENT DISCLOSURE

1.1 What You Are Consenting To

By providing your consent, you agree to receive:

☐ Promotional and marketing text messages

☐ Special offers and discounts

☐ Product announcements and updates

☐ Event notifications

☐ Surveys and feedback requests

☐ [OTHER MESSAGE TYPES]

1.2 Message Frequency

☐ Message frequency varies

☐ You may receive up to [X] messages per [week/month]

☐ Message frequency may increase during promotions or sales

1.3 Message and Data Rates

MESSAGE AND DATA RATES MAY APPLY.

☐ Standard messaging rates charged by your mobile carrier apply

☐ We do not charge for the messages we send

☐ Check with your carrier for your messaging plan details

1.4 Not Required for Purchase

CONSENT IS NOT REQUIRED TO MAKE A PURCHASE.

You do not need to consent to receiving marketing texts to buy products or services from us.

2. TCPA COMPLIANCE

[// GUIDANCE: TCPA requires "prior express written consent" for marketing texts sent via auto-dialer or with an artificial/prerecorded voice.]

2.1 Express Written Consent

By checking the consent box and providing your phone number, you are providing your "prior express written consent" as defined by the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and its implementing regulations at 47 CFR Part 64.

2.2 Auto-Dialer Disclosure

You understand and agree that:

☐ Messages may be sent using an automatic telephone dialing system (auto-dialer)

☐ Messages may include prerecorded or artificial voice technology

☐ This consent applies to the specific phone number you provide

2.3 One-to-One Consent

[// GUIDANCE: Per FCC rules effective April 2026, consent must be "one-to-one" - obtained separately for each company that will send messages.]

☐ This consent authorizes only [COMPANY NAME] to send you text messages

☐ Your consent is not being shared with or used by other companies

☐ If we change our company name, we will notify you

3. HOW TO OPT OUT

3.1 Easy Opt-Out

You can opt out at any time by:

☐ Texting STOP to [SHORT CODE OR PHONE NUMBER]

☐ Replying STOP to any message we send

☐ Contacting us at [CUSTOMER SERVICE EMAIL]

☐ Calling [PHONE NUMBER]

3.2 Processing Opt-Out Requests

☐ We will process your opt-out request within [10] days (as required by FCC)

☐ You will receive a confirmation message that you have been unsubscribed

☐ After opting out, you may receive one final confirmation message

☐ Opting out of marketing texts does not affect transactional texts (order confirmations, etc.)

3.3 Opt-Out Confirmation Message

After texting STOP, you will receive a message like:

"You have been unsubscribed from [COMPANY NAME] marketing texts. You will no longer receive promotional messages. Reply HELP for assistance or contact [SUPPORT EMAIL]."

4. HOW TO GET HELP

4.1 Help Information

For help with our text message program:

☐ Text HELP to [SHORT CODE OR PHONE NUMBER]

☐ Email: [CUSTOMER SERVICE EMAIL]

☐ Phone: [PHONE NUMBER]

4.2 Help Response

After texting HELP, you will receive a message like:

"[COMPANY NAME] Alerts: For help, contact [SUPPORT EMAIL] or call [PHONE NUMBER]. Msg&Data rates may apply. Msg freq varies. Reply STOP to cancel."

5. TYPES OF MESSAGES

5.1 Marketing Messages (Requires This Consent)

☐ Promotional offers and discounts

☐ New product announcements

☐ Flash sales and limited-time offers

☐ Loyalty program updates

☐ Contest and sweepstakes notifications

☐ Company news and updates

5.2 Transactional Messages (Separate Consent or No Consent Required)

The following messages may be sent without marketing consent:

☐ Order confirmations

☐ Shipping notifications

☐ Delivery updates

☐ Account security alerts

☐ Appointment reminders

☐ Customer service responses

6. PRIVACY AND DATA USE

6.1 Information We Collect

When you opt into our text program, we collect:

☐ Your mobile phone number

☐ Consent date and time

☐ Method of consent

☐ Opt-in confirmation

6.2 How We Use Your Information

Your phone number is used to:

☐ Send you the text messages you consented to receive

☐ Respond to HELP requests

☐ Process STOP requests

6.3 Information Sharing

☐ We do not sell your phone number

☐ We do not share your phone number with third parties for their marketing

☐ We may use service providers to send messages on our behalf

☐ For more information, see our Privacy Policy at [PRIVACY POLICY URL]

6.4 Record Retention

☐ We maintain records of your consent for at least [4] years (TCPA statute of limitations)

☐ Records include: phone number, consent text, timestamp, and method

7. TERMS AND CONDITIONS

7.1 Eligibility

To participate in our text program:

☐ You must be at least [18] years of age

☐ You must be the account holder or have authorization to use the mobile number

☐ You must be a U.S. resident

7.2 Carrier Participation

☐ Carriers are not liable for delayed or undelivered messages

☐ Supported carriers include but are not limited to: AT&T, Verizon, T-Mobile, Sprint

☐ Some carriers may not participate in all programs

7.3 Program Details

☐ Program Name: [PROGRAM NAME, e.g., "Company Alerts"]

☐ Program Sponsor: [COMPANY NAME]

☐ Short Code: [SHORT CODE OR PHONE NUMBER]

☐ Message Frequency: Up to [X] messages per [week/month]

7.4 Changes to Program

☐ We may modify or terminate this program at any time

☐ We will notify you of material changes via text or email

8. SAMPLE CONSENT FORM

[// GUIDANCE: Use this format on your website or at point of collection.]

SMS/TEXT MARKETING OPT-IN

☐ Yes, I want to receive marketing text messages from [COMPANY NAME].

By checking this box and providing my mobile number, I consent to receive recurring promotional text messages from [COMPANY NAME] at the phone number provided. Message frequency varies. Message and data rates may apply.

I understand that consent is not required to make a purchase. I can opt out at any time by texting STOP. For help, text HELP. For more information, see our [Terms of Service] and [Privacy Policy].

Mobile Phone Number: [________________]

[SUBMIT BUTTON]

9. DOUBLE OPT-IN CONFIRMATION

[// GUIDANCE: Double opt-in provides additional proof of consent and is recommended.]

9.1 Confirmation Message

After you submit consent, you will receive a confirmation message:

"[COMPANY NAME]: Thanks for subscribing! You'll receive up to [X] msgs/month. Msg&Data rates may apply. Reply STOP to cancel, HELP for help. [LINK TO TERMS]"

9.2 Confirmation Reply (Optional)

[// GUIDANCE: For additional verification, require a reply to confirm.]

☐ Option A: Consent is confirmed upon submitting the form

☐ Option B: Reply "YES" to the confirmation message to complete opt-in

10. COMPLIANCE CHECKLIST

[// GUIDANCE: Internal use only - remove before publishing.]

Before launching SMS marketing, verify:

☐ Consent form includes all required TCPA disclosures

☐ Checkbox is UNCHECKED by default

☐ Consent is not bundled with other consents

☐ Each message includes company name and opt-out instructions

☐ STOP and HELP keywords are functional

☐ Opt-out requests are processed within 10 days

☐ Consent records are maintained for at least 4 years

☐ Message content complies with CTIA guidelines

☐ Short code or long code is properly registered

11. CONTACT INFORMATION

[COMPANY NAME]
[STREET ADDRESS]
[CITY, STATE ZIP CODE]

Text Program Support:
Email: [SUPPORT EMAIL]
Phone: [PHONE NUMBER]
Text HELP to: [SHORT CODE]

To Opt Out:
Text STOP to: [SHORT CODE]
Or email: [SUPPORT EMAIL]

DOCUMENT CONTROL

Legal Review: ☐ Completed Date: _________ Reviewer: _________
Short Code Registration: ☐ Completed Date: _________
Carrier Approval: ☐ Completed Date: _________

This SMS Marketing Consent template is provided for informational purposes. TCPA requirements are strictly enforced with significant penalties for violations ($500-$1,500 per message). Ensure compliance with all FCC rules and CTIA guidelines. Consult with qualified legal counsel for specific compliance questions.