SMS marketing is subject to strict regulatory requirements around consent. Before sending any promotional text messages to a contact list, recipients must have explicitly opted in. Failure to comply risks carrier-level shutdowns and legal exposure. This article outlines the compliance requirements and the practical methods available to build a compliant opt-in list.
The [1] platform (which uses Twilio as its underlying SMS infrastructure) supports compliant mass texting and is a practical starting point for most clients already on that stack.
Not all SMS messages require opt-in consent. The distinction matters:
| Type | Example | Opt-In Required? |
|---|---|---|
| Transactional | "We'll be on-site tomorrow at 8am." | No |
| Marketing / Promotional | "New public training sessions available — register now." | Yes |
Transactional messages (appointment reminders, service confirmations, operational notices) can generally be sent without a formal opt-in process. Marketing messages announcing promotions, events, or new offerings require explicit prior consent.
Three practical methods exist for building a compliant SMS subscriber list:
Send an email to your existing contact list asking recipients to consent to SMS communications. The email should:
- Describe what types of messages they'll receive (e.g., training announcements)
- State approximate frequency (e.g., "no more than once a month")
- Include a clear call-to-action to confirm consent
This is the lowest-friction method for converting an existing email list into an SMS-eligible list.
Add an SMS opt-in checkbox to website forms (contact forms, download gates, registration pages). The checkbox should be:
- Unchecked by default (no pre-ticked boxes)
- Clearly labeled (e.g., "I agree to receive SMS notifications about upcoming training sessions")
This method captures consent at the point of engagement and builds the list organically over time.
In some cases, a single introductory SMS may be sent to existing contacts, provided it:
- Identifies the sender
- Describes the nature of future messages
- Includes a clear opt-out instruction (e.g., "Reply STOP to unsubscribe")
This method is the most aggressive and should be used carefully. It is best suited for contacts who have an existing relationship with the business.
[1] handles SMS delivery via Twilio, a well-established carrier-grade platform. This makes it a solid choice for clients already using GoHighLevel for email or CRM. Key capabilities include:
Initial setup involves a carrier registration and approval process, which can take some time but is straightforward for established, reputable businesses.
Note: GoHighLevel's SMS features are managed by Chris. Confirm feasibility, setup requirements, and any incremental cost before committing to a client.
This guidance was first applied when the [2] (contact: Gina) requested mass texting capability to announce new public training sessions. The use case — periodic promotional announcements to an existing contact base — is a clear marketing SMS scenario requiring opt-in compliance.
Recommended approach for H.S.:
1. Send an email campaign to existing contacts requesting SMS opt-in
2. Add an SMS consent checkbox to relevant website forms
3. Optionally, send a single introductory SMS with STOP opt-out to warm contacts
See also: [3]