Opt-out compliance made simple
Don’t let opt-out compliance confuse you. Here’s a simple, straightforward guide to keeping subscriber opt-outs compliant.
It is perfectly legal to text someone who has opted into your texts, but you must provide your subscribers clear instructions on how to opt-out and you must honor their wishes if they unsubscribe.
Now, let’s break it down further.
Where to include your opt-out instructions
You need to make it clear how to opt out of your messages. Where do those instructions go?
The opt-in call to action
You’ll need an opt-in method with a clear call-to-action (CTA) to get SMS subscribers. That CTA also needs to include instructions on how to opt out of messages.
Note how the disclaimer on this SMS call-to-action example includes “Reply STOP to end” as an opt-out instruction.
The opt-in confirmation text message
For programs that include recurring messages, confirmation messages must include clear opt-out instructions.
Notice how in this example the first message after opting in via keyword is the opt-in confirmation message. That message contains opt-out instructions, such as “Reply HELP for help, STOP to cancel.”
How often to send opt-out instructions based on message type
There’s also the question of how often you should remind your subscribers about how to opt-out. The answer depends on which type of messages you’re sending.
Promotional messages: once per month
Those sending recurring promotional messages will need to send your opt-out instructions once a month.
The CTIA’s Short Code Monitoring Program handbook states, “Opt-out instructions must be provided at regular intervals and at least once per month.”
Tip: We recommend including opt-out instructions in all promotional messages. This way, you won’t risk “forgetting” to provide opt-out instructions in a given month and being out of compliance.
Informational messages: once per month
Just like promotional messages, informational messages sent on a recurring basis require you to send along your opt-out instructions once per month.
Conversational messages: not needed when replying to an inquiry
Since replies to a specific inquiry don’t fall into the category of recurring messages (replying to a question via text message is covered as implied consent), you won’t need to send along your opt-out instructions with a one-time conversational message.
How to respond to an opt-out request
So, what happens when someone does opt out of your texts?
You must send an opt-out confirmation message.
First thing, you have to send a message confirming that the subscriber has opted out of your texts.
This confirmation message is to notify the recipient that they’ve opted out — and it should be the very last message you send them. According to the CTIA, your opt-out confirmation message must also include, the “Program (brand) name OR product description.
You must read and act upon opt-out requests with normal language
By “normal language,” I’m referring to opt-outs that use words other than the standard “STOP.” That might be:
- End
- Cancel
- Quit
- Unsubscribe
- Stop
- Please opt me out
CTIA regulations say that you must still honor these opt-outs and act on them the same way you would if a subscriber sent the word “STOP.”
That said, you should still use standard “STOP” wording in your opt-out instructions. This will prevent opt-outs from getting complicated.
You must act on opt-outs quickly.
The TCPA states, “Failure to comply, within the shortest reasonable time, as determined by the Commission, with such a request […] is unlawful”.
While we can’t give you a certain period of time, we recommend setting aside a little time once a week to review your Inbox and manually remove folks from your list who have expressed a desire to stop receiving your text messages.
Key Points
Hopefully, you now have a clear idea of the rules and regulations around text message opt-out compliance. To make it even easier to remember, here are a few key points to keep in mind:
- Calls to action to join your text message list must include opt-out instructions. This can be as simple as, “Reply STOP to opt out.”
- Promotional and information text messages require opt-out instructions in a single text message at least once per month. We recommend including opt-out instructions in all promotional and informational messages as a best practice.
- Monitor your Inbox for unsubscribe requests that automation may miss and manually opt contacts out. We recommend setting aside a little time once a week for opt-out management.
When in doubt, refer to the TCPA and CTIA guidelines to tell you how to handle your opt-outs and opt-out instructions.