Before sending a commercial text message to an individual's mobile number, it is mandatory to obtain their express, written consent.


According to the Telephone Consumer Protection Act (TCPA), businesses are prohibited from messaging consumers without their explicit permission. This rule applies regardless of whether the consumer has previously shared their phone number with the company or has been in long-term contact with the business; without written consent specifically for SMS, texting is not allowed.


Here are the main considerations when understanding the permission policy:


  • Express Written Consent Required: Businesses must obtain express written consent before sending SMS messages for commercial purposes. Consent can be collected via:

    • Double opt-in processes.
    • Sign-up forms on webpages.
    • Specific forms designed for SMS opt-ins on Sign-up Landing Pages.


  • Prohibited Contacts: Do not send SMS messages to:

    • Individuals who have not provided explicit SMS consent, even if they have provided their phone number.
    • Contacts who have only given permission for email communications.
    • Purchased, rented, or appended lists of phone numbers.
    • Shared lists without direct written consent, including lists from affiliated companies or trade show attendees.
    • Phone numbers collected from internet scraping or social media without explicit messaging requests.


  • Sender Reputation and Spam Compliance: Maintaining a good sender reputation is crucial for high delivery rates. Adherence to best business practices and respect for contact opt-out requests help minimize spam complaints.


  • Distinct Permissions: SMS consent is separate from email consent. Explicit written SMS consent is required, even if email consent has been granted.

 Read more about Constant Contact's SMS permission policy on the Knowledge Base and review how you can grow your SMS contacts through multiple channels.

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Last update:
‎06-14-2024 02:23 PM
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