You probably already collect phone numbers from customers. Maybe they fill out a form on your website, or they give you their number when they place an order. It feels routine, and for years, it mostly was.
But here’s the thing: collecting a phone number so you can text someone is legally different from collecting it for other reasons. You can’t just add someone to your texting list because they bought something from you or signed up for your newsletter. Even if they handed you their number willingly.
The rules around business texting are strict, and they exist for a good reason. Nobody wants their phone buzzing with unwanted marketing messages. Text messages feel more personal than email, and they’re harder to ignore. So the law treats them differently.
If you collect phone numbers the wrong way or start texting people without proper permission, you’re not just risking annoyed customers. You could face serious legal trouble. We’re talking about fines that can reach thousands of dollars per message. Not per campaign. Per individual text.
The good news is that staying compliant isn’t complicated once you understand what’s required. You just need to know the right steps to take before you hit send. This guide will walk you through exactly how to collect phone numbers legally, get the consent you need, and protect your business while building a texting list that actually works.
How to ask for opt-in without sounding like a lawyer
Good opt-in language doesn’t need to feel stiff or intimidating. The goal is to be clear and honest about what someone’s signing up for, not to bury them in legal fine print.
Your opt-in should cover a few straightforward things. First, who’s texting them. Use your actual business name, not something vague. Second, what kind of messages they’ll get—are these appointment reminders, promotional offers, or order updates? Third, roughly how often they’ll hear from you. You don’t need an exact number, but saying “up to four messages per month” is better than leaving people guessing.
You also need to mention that opting in isn’t required to make a purchase or use your service. And always include a simple way out, like “reply STOP to unsubscribe.”
Here’s what this looks like in real situations. At checkout in your store, you might say: “Want appointment reminders by text? We’ll send confirmations and one reminder per visit. Reply STOP anytime. Consent not required to book.” Simple and done.
On a website form, try something like: “Get updates from Hometown Hardware. We’ll text you about sales and new arrivals, about twice a month. You can opt out anytime, and signing up is optional.”
For a keyword sign-up, keep it direct: “Text JOIN to 55501 to get weekly specials from Main Street Cafe. Message frequency varies. Reply STOP to cancel. Not required for service.”
Notice none of these examples are packed with legal jargon. They’re just clear about the basics. That clarity protects you and respects your customers at the same time.
When confirmation messages and double opt-in reduce headaches
A confirmation message is exactly what it sounds like: a quick text you send right after someone signs up, asking them to verify they actually want to hear from you. It usually includes a keyword to reply with, like “YES” or “CONFIRM.” This two-step process is called double opt-in, and it’s surprisingly good at preventing problems before they start.
Here’s why it helps. First, it catches typos and wrong numbers immediately. If someone accidentally wrote down the wrong digits on your signup form, that person won’t confirm, and you won’t waste time texting a stranger. Second, it creates a clear record that the person actively agreed to receive your messages, not just once but twice. If anyone ever disputes signing up, you have proof.
Double opt-in is especially smart when you’re running promotional campaigns or contests. People enter quickly, sometimes using shared phones or family devices, and memories get fuzzy. A confirmation step makes sure the actual phone owner knows what’s happening. It’s also helpful when you’re collecting numbers from handwritten forms at events or stores, where mistakes are common.
The key is keeping your confirmation message simple and useful. Tell people what they just signed up for and what to expect next. Don’t make it sound like spam or they’ll ignore it. Something like “Thanks for signing up for weekly deals from Main Street Coffee! Reply YES to confirm” works well. Avoid sending multiple follow-ups or making the process complicated. One clear confirmation message does the job without annoying anyone.
What to save so you can prove consent later
Doing the right thing when someone signs up is only half the job. You also need to be able to show what happened if anyone ever asks. That could be a customer who forgot they opted in, or a regulator checking that you’re following the rules.
Think of it like keeping a receipt. The receipt proves you bought something and shows exactly what you agreed to pay. Consent records work the same way.
At minimum, you want to save the date and time someone opted in, where it happened, and the exact words they saw when they gave consent. If someone signed up through a web form, note that. If it was at your store’s checkout counter, write that down. If they filled out a paper form, keep a copy or scan it.
You should also record any confirmation steps they completed. Did they click a link in an email? Reply YES to a text? That extra step matters because it shows active agreement, not just a passive checkmark.
Many SMS platforms and CRM tools let you store this information automatically when someone opts in. That’s usually the easiest approach. If you’re collecting consent offline, add a quick note in your CRM or keep organized files with the forms.
One common mistake is relying on screenshots of your website or signup forms. The problem is that forms change over time, and a screenshot from today won’t prove what someone saw six months ago. Save the actual consent details for each person individually, tied to their phone number and the moment they signed up.
Opt-out has to be easy and respected every time
When someone wants to stop getting your texts, making it hard for them isn’t just annoying. It’s illegal. The law requires that opting out must be simple, clear, and take effect immediately.
From the customer’s perspective, this should be dead simple. They text back STOP, and the messages end. No confirmation needed. No waiting period. No logging into a portal or calling customer service. Just STOP, and it’s done.
But businesses mess this up constantly. One common mistake is only removing people from one particular campaign list while continuing to text them about other things. If someone says stop, they mean stop everything unless they explicitly say otherwise.
Another problem happens when staff members manually add people back into the system. Maybe a salesperson thinks the customer didn’t really mean it, or assumes enough time has passed. That’s a violation, plain and simple. Once someone opts out, they stay opted out until they opt back in on their own.
You also need to recognize informal requests. If someone replies with “please don’t text me” or “take me off this list,” that counts. It doesn’t have to be the exact word STOP. Any clear request to stop receiving messages must be honored.
Here’s a smarter approach: before people opt out completely, give them other options. Let them pause messages for a month, or choose to hear from you less often. Some people aren’t annoyed by your texts in general, they’re just getting too many. Offering a middle ground can save the relationship while still respecting their boundaries.
How to work with texting tools and agencies without handing away responsibility
When you hire a marketing agency or sign up for a texting platform, it’s tempting to assume they’re handling compliance for you. But here’s the hard truth: if someone on your behalf texts a person who didn’t consent, you’re the one who gets fined. The law sees you as responsible, not your vendor.
That means you need to ask specific questions before anyone sends a single message. How does the platform capture consent? Where are those records stored, and can you access them if regulators ask? How are opt-outs processed, and how quickly? Who on your team or theirs can actually send messages?
These aren’t theoretical concerns. Problems happen all the time in predictable ways. An agency uploads a purchased list without telling you where it came from. A staff member starts texting customers from their personal phone because it’s faster. Multiple franchise locations share one account, and nobody knows who sent what.
In each case, the business owner thought someone else was managing compliance. But when a complaint arrives, there’s no record of consent, no clear process for opt-outs, and no way to prove who approved the message.
Before you start working with any tool or partner, get clear answers in writing. Make sure consent records are accessible to you, not locked inside someone else’s system. Confirm that opt-outs are honored immediately and shared across every channel you use. And set rules for who can send messages and from where.
Your vendor might be excellent at what they do. But compliance is still your job to verify.
Small mistakes that cause the biggest compliance problems
Most compliance problems don’t start with malicious intent. They happen when well-meaning employees make reasonable assumptions that turn out to be wrong.
Picture a receptionist who adds phone numbers from caller ID to the company’s text list. The thinking is simple: this person called us, so they’re interested. But a phone call doesn’t equal permission to send marketing texts. The safer approach is to ask callers directly if they’d like text updates and note their verbal consent in your system.
Or consider a contact form that asks customers to “check this box to hear from us.” Sounds clear enough, right? But if the form doesn’t specifically say “including text messages,” you’re on shaky ground. People assume “contact” means email. Always spell out that you’ll be texting, not just reaching out in some vague way.
Giveaway entries create similar traps. A customer fills out a form to win a gift card, and suddenly they’re getting promotional texts. They never agreed to marketing, they just wanted to enter a contest. The fix is straightforward: separate the contest entry from the marketing opt-in with two distinct checkboxes.
Here’s another common scenario: a customer texts your business first to ask a question. Someone on your team assumes this opens the door to add them to promotional campaigns. It doesn’t. Texting you once means they want that conversation, not ongoing marketing. Get explicit permission before switching contexts.
Finally, staff sometimes text customers from personal phones for convenience. This feels informal and friendly, but it makes tracking consent nearly impossible and creates records you can’t supervise. Keep business texting on business platforms where you can document everything properly.
