Preference driven product discovery

SMS Opt-In Wording: What Gets Consent and What Gets Flagged

A pre-checked box is not consent. A buried clause is not consent. The TCPA wants a clear yes, and the fine is per message.

An SMS opt-in has to be a real choice, documented, with the terms stated plainly. Prior express written consent under the TCPA means the buyer agreed to receive texts from you, specifically, and the agreement was not buried in a terms page or pre-checked. The penalties run $500 to $1,500 per message, and the FCC's revocation rule taking effect November 25, 2026 makes opting out easier than ever.

Consent has to be a clear yes

Under the TCPA, marketing texts need prior express written consent. That means the buyer agreed to receive texts from your brand, specifically, in a way you can prove. A clause buried in a terms of service does not count. A pre-checked box does not count. A phone number collected at checkout for order updates does not count as consent to marketing texts.

The form that works is simple: an unchecked box, next to plain language that says what the buyer is agreeing to. Msg and data rates may apply. Message frequency varies. Reply STOP to opt out, HELP for help. The buyer checks the box themselves, and the brand keeps a record of when and where. That record is the whole defense if consent is ever challenged.

The wording that gets flagged

The phrases that cause trouble are the ones that hide the agreement. Free gift if you sign up for texts is a red flag, because consent cannot be conditioned on a purchase or a reward. Sign up for updates and offers is vague, because it does not say texts, and it does not say marketing. The safest wording names the channel, names the content, and names the opt-out in the same sentence.

Double opt-in adds a second layer: after the buyer checks the box, they get a confirmation text and have to reply to confirm. It costs some subscribers, because a share of buyers never reply, but the ones who do are confirmed, and the confirmation text is proof of consent that survives a dispute. For most brands, the trade is worth it.

The $500 to $1,500 number, per message

The penalty for texting without consent is $500 per message, and up to $1,500 per message if the violation is willful. Per message is the part that matters. A campaign sent to 10,000 numbers without consent is not one violation. It is 10,000 violations, and the fine scales with the list, not with the campaign.

This is why the consent record matters more than the campaign creative. A brand that can show when each subscriber opted in, what they saw, and what they agreed to can defend a complaint. A brand that cannot show the record is negotiating from nothing. Keep the opt-in logs the way you keep invoices: in one place, backed up, and easy to produce.

The revocation rule changes the exit

The FCC's revocation rule, effective November 25, 2026, makes it easier for consumers to revoke consent. They can do it by any reasonable means, not just by replying STOP. An email that says stop texting me, a reply to a different number, a message through customer service, all of them can count as revocation if a reasonable person would understand it that way.

For brands, the practical change is that opt-outs have to be honored across channels, not just in the texting tool. If a buyer asks to stop texts in an email to support, the texts have to stop. The brands that handle this well treat every revocation the same way, no matter where it arrives, and they log it the same day. The ones that do not will learn about the rule from a complaint, which is the expensive way to learn it.

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Frequently asked questions

What does the TCPA require for SMS consent?

Prior express written consent: the buyer agreed, in writing, to receive marketing texts from your brand specifically. The agreement has to be clear, and it cannot be a condition of purchase.

What is the penalty for texting without consent?

Between $500 and $1,500 per message. A single campaign sent to a list without consent can produce a fine that exceeds the revenue the campaign generated.

Does a pre-checked box count as consent?

No. A pre-checked box does not count as consent. The buyer has to take an affirmative action, like checking the box themselves or replying to a confirmation text.

What happens when someone replies STOP?

The opt-out message must be honored quickly, and the FCC's revocation rule effective November 25, 2026 makes it easier for consumers to revoke consent by any reasonable means, not just by replying STOP.