SMS Messaging Compliance & Consent Requirements

Last Updated: October 2025

Overview

Integrating AI Solutions provides AI Virtual Assistant services that may include SMS messaging capabilities powered by Twilio. This page outlines the compliance requirements for businesses using our SMS-enabled services to communicate with their customers.

Important: As the business using our services, you are responsible for obtaining proper consent from your customers before sending them text messages. We provide the technology and guidance, but consent collection and compliance management remain your responsibility.

Your Responsibilities as a Client

When you use our AI Virtual Assistant services with SMS capabilities, you must:

✅ Obtain explicit written consent from each customer before texting them
✅ Maintain detailed records of all consent (timestamp, consent language, customer details)
✅ Honor all opt-out requests immediately
✅ Ensure all messages comply with federal and state regulations
✅ Never send messages to individuals on the National Do Not Call Registry without consent
✅ Provide clear identification of your business in messages
✅ Follow all TCPA, CTIA, and carrier-specific requirements

Failure to obtain proper consent can result in fines of $500 to $1,500 per message, plus legal liability.

Legal Requirements You Must Meet

The Telephone Consumer Protection Act (TCPA)

The TCPA is a federal law that requires businesses to obtain prior express written consent before sending marketing or promotional text messages. This applies to all automated messaging, including AI-powered assistants.

Key Requirements:

Consent must be in writing (digital forms count)
Consent must be clear, conspicuous, and separate from other agreements
Customers must explicitly agree to receive texts from your specific business
Consent cannot be a condition of purchase
You must provide a clear way to opt out

CTIA Guidelines

The Cellular Telecommunications Industry Association (CTIA) sets industry standards that carriers enforce. These include:

Clear disclosure of message frequency
Notice that message and data rates may apply
Instructions for opting out (STOP) and getting help (HELP)
Immediate processing of opt-out requests

How to Collect Proper Consent

You must collect consent through your own systems (website forms, CRM, point of sale, etc.) before we begin sending messages on your behalf.

Required Elements in Your Consent Process

Every consent request must include the following information:

Your business name (clearly identified)
What they’re agreeing to (receiving automated marketing/transactional texts)
That an automated system will be used
Message frequency (e.g., “up to 5 messages per week” or “message frequency varies”)
Cost disclosure (“Msg & data rates may apply”)
Consent is optional (“Consent is not a condition of purchase”)
How to opt out (“Reply STOP to unsubscribe”)
Link to Privacy Policy and Terms of Service

Sample Consent Language for Your Forms

Use this language on your website, intake forms, or point-of-sale systems:

For Web Forms and Digital Sign-Ups:

☐ By checking this box, I agree to receive recurring automated 
promotional and transactional text messages from [Your Business Name] 
at the mobile number provided. I understand that:

• Messages will be sent using an automated system
• Consent is not required to make a purchase or use services
• Message frequency varies
• Message and data rates may apply
• I can reply STOP at any time to unsubscribe
• I can reply HELP for assistance

I have read and agree to the Privacy Policy and Terms of Service.

Important: The checkbox must NOT be pre-checked. The customer must manually select it.

For Keyword Opt-Ins (Text-to-Join):

If customers text a keyword to join (e.g., “Text JOIN to 12345”):

Initial Message After They Text:

Thanks for joining [Your Business Name]! You'll receive updates 
and offers. Reply STOP to unsubscribe, HELP for help. Msg & data 
rates may apply. [link to terms]

For Phone-Based Consent:

If collecting consent over the phone, you must:

Direct the caller to a web form with written consent language, OR
Read the full consent language verbatim and maintain a recording for at least 5 years

You cannot obtain verbal consent without proper documentation.

For In-Person/Paper Forms:

I consent to receive recurring automated text messages from 
[Your Business Name] at the phone number provided above. I understand 
that consent is not required to make a purchase, message frequency 
varies, and message and data rates may apply. I can text STOP to 
opt out at any time. Privacy Policy available at [your website].

Signature: _________________  Date: __________

What Records You Must Keep

For every customer who consents to receive texts, you must maintain:

Required Documentation:

Date and time consent was obtained
Method of consent collection (web form, paper form, keyword, etc.)
The exact consent language shown to the customer
Customer’s full phone number
Customer’s name and contact information
IP address (for digital consent)
Screenshot or copy of the consent interface/form

Retention Period: Keep these records for at least 4 years after the customer opts out or the messaging relationship ends.

First Message Requirements

The first message sent to a new subscriber must include:

✅ Your business name
✅ Confirmation they’ve been subscribed
✅ Opt-out instructions (“Reply STOP to unsubscribe”)
✅ Optional: Link to help/terms

Example:

Welcome to [Business Name]! You're subscribed to receive updates, 
offers, and appointment reminders. Reply STOP to opt out anytime. 
Msg & data rates may apply.

Ongoing Compliance Requirements

Honoring Opt-Out Requests

When a customer replies STOP, UNSUBSCRIBE, CANCEL, END, QUIT, or similar:

Stop sending messages immediately (within 24-48 hours maximum)
Send a confirmation: “You’ve been unsubscribed from [Business Name]. No more messages will be sent.”
Update your records and our system
Never message that number again unless they re-opt in with fresh consent

Message Timing Restrictions

Never send messages:

Before 8:00 AM local time
After 9:00 PM local time
On the recipient’s time zone, not yours

Frequency and Content

Include opt-out language at least once per month
Don’t send excessive messages (respect your stated frequency)
Every message must be relevant to what they consented to receive
Promotional content requires explicit marketing consent

Prohibited Content (CTIA SHAFT)

You cannot send messages about:

Sex (adult content)
Hate speech
Alcohol (without age verification)
Firearms
Tobacco/vaping

If your business involves alcohol, firearms, or tobacco, you must verify age and implement additional safeguards.

Special Use Cases

Re-Engaging Old Customers

❌ Not Compliant: Texting previous customers who never consented to SMS, even if they were past clients.

✅ Compliant Approach:

Email your old customer list with a link to an SMS opt-in form
Add SMS opt-in to your website and social media
Use in-person or phone interactions to direct them to your opt-in process
Run ads promoting your SMS program with a clear opt-in mechanism

You need fresh consent for SMS, regardless of prior business relationships.

Appointment Reminders

Even transactional messages (like appointment confirmations) require consent under Twilio and carrier policies. Your consent language should specify what types of messages customers will receive.

Two-Way Conversations

If a customer initiates contact by texting your business first, that is a form of implied consent for that specific conversation. However:

You should still confirm consent in your reply
This does NOT grant permission for future marketing messages
Follow up with a request for formal consent if ongoing messaging is needed

Example Reply:

Thanks for contacting [Business Name]. We're here to help! To continue 
receiving updates and offers from us, reply YES. Reply STOP anytime to 
opt out.

Privacy Policy Requirements

Your website must include a Privacy Policy that addresses SMS messaging. Required elements:

SMS-Specific Language:

SMS Privacy & Opt-Out

[Your Business Name] offers SMS messaging services to keep you informed 
about appointments, offers, and updates. By opting in, you consent to 
receive automated text messages at the mobile number provided.

We do not sell, rent, or share your phone number with third parties for 
their marketing purposes. Your information is used solely to provide the 
services you've requested.

To opt out of SMS messages, reply STOP to any message. You will receive 
a confirmation of your opt-out. To get help, reply HELP or contact us at 
[phone/email].

Standard message and data rates may apply based on your mobile carrier plan.

Your Privacy Policy must be:

Publicly accessible on your website
Linked from your SMS consent forms
Kept up to date

What Integrating AI Solutions Provides

We provide the technology platform for SMS-enabled AI Virtual Assistants, including:

✅ Integration with Twilio messaging services
✅ AI-powered conversation management
✅ Automated opt-out handling (STOP/HELP keywords)
✅ Message delivery and logging
✅ Guidance on compliance best practices
✅ Technical support for implementation

What we do NOT provide:

Consent collection services (you manage this through your CRM/systems)
Legal advice on compliance (consult your attorney)
Customer contact lists
Ongoing compliance monitoring of your messaging practices

Penalties for Non-Compliance

Violating TCPA regulations can result in:

Per-Message Penalties:

$500 per unsolicited message (minimum)
Up to $1,500 per message for willful violations

Additional Consequences:

Class action lawsuits
Carrier filtering/blocking of your messages
Account suspension by Twilio
Damage to your business reputation
State-level fines and penalties

Recent Examples:

Multiple businesses have faced multi-million dollar settlements for TCPA violations
Even a small-scale violation (100 texts) could result in $50,000+ in damages

Compliance Checklist for Clients

Before activating SMS services with us, ensure you have:

[ ] Built a compliant consent collection process
[ ] Created consent language with all required elements
[ ] Published an SMS-specific Privacy Policy on your website
[ ] Set up record-keeping systems for consent documentation
[ ] Trained staff on compliance requirements
[ ] Tested your opt-out process
[ ] Verified no contacts are on the National Do Not Call Registry (unless you have consent)
[ ] Consulted with legal counsel about your specific use case

Resources & Support

Regulatory References:

Legal Disclaimer: This page provides general guidance on SMS messaging compliance but does not constitute legal advice. Compliance requirements vary by jurisdiction and use case. You are responsible for ensuring your specific messaging practices comply with all applicable federal, state, and local laws. We strongly recommend consulting with qualified legal counsel before launching any SMS messaging program.

Questions?

If you have questions about implementing compliant SMS practices with our AI Virtual Assistant services, please contact us:

Integrating AI Solutions
📧 Email: Consulting.ai.solutions@gmail.com
📞 Phone: +1 218-400-1785
🌐 Web: https://integrating-ai-solutions.com

Effective Date: October 21, 2025
Version: 1.0

We may update this page as regulations evolve. Check back regularly for the latest compliance guidance.