Is explicit opt-in required?

Yes. Under the TCPA and FCC guidance, express written consent for marketing texts is required for non‑transactional messages to wireless numbers; include clear sender identification and disclosure to demonstrate intent.

What wording should consent use?

Use plain, consumer-facing language that names the sender, describes message types and frequency, states that consent is not required to make a purchase, and provides opt-out instructions.

Can consent be obtained electronically?

Yes. Electronic consent is valid under ESIGN (15 U.S.C. ch. 96) and UETA when intent, consent, attribution, and record retention requirements are met; preserve verification artifacts.

How should revocations be handled?

Honor opt-out requests promptly, update lists and archive the revocation record; include clear instructions such as replying STOP and log the revocation method and timestamp.

What verification is recommended?

Verify the number via an SMS confirmation code or known-account authentication and record the verification method, code sent, and verification timestamp to link consent to the phone number.

How long keep consent records?

Retain signed consent records for at least three years post-contact for dispute defense; if PHI is involved follow HIPAA six-year retention rules (45 CFR §164.530(j)).

Marketing SMS Form

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

MARKETING SMS FORM

Parties

Brand / Client Name:

Client Address

Agency / SMS Provider Name:

Agency Address

Campaign Summary

Campaign Name Objectives Target Audience

Effective Date: Campaign End Date:

Message Specifications & Deliverables

Number of Distinct Message Templates Message Character Limit Required Message Content (opt-out, disclosures, disclaimers) Deliverable Deadlines

Recipient List, Consent & Opt-In

Source of Recipient List:

Consent Mechanism (select all that apply)

Web form Point-of-sale Verbal consent (documented) Third-party list Other

Consent Retention Policy Required Opt-Out Mechanism

Sending, Schedule & Technical Requirements

Maximum Sends Per Recipient Per Day: Preferred Send Window:

Testing & QA Requirements Carrier & Platform Compliance Obligations

Compensation & Payment

Total Fee for Services: $

Payment Schedule

Kill Fee if Terminated After Notice: $

Intellectual Property & Usage Rights

Client retains all rights to trademarks and owned content. Agency is granted a non-exclusive, royalty-free license to use content submitted by Client solely to send, distribute and report on the Campaign during the Term. Any new creative produced by Agency for the Campaign is: Assigned to Client Owned by Agency with license to Client

Third-Party Materials & Clearances

Compliance, Representations & Warranties

Client represents and warrants that it has obtained, and will maintain, lawful and express written consent from each recipient on the list to receive marketing SMS messages and that such consent meets all applicable requirements under consumer protection and telecommunications laws, including the Telephone Consumer Protection Act and related implementing rules. Agency represents and warrants that it will use commercially reasonable efforts to comply with carrier and industry guidelines.

Indemnification Limitation of Liability

Exclusivity & Non-Solicitation

Exclusivity Required: Yes No

If Exclusive, Territory and Terms

Termination

Termination for Convenience (Notice Period) Termination for Cause

Data Security & Privacy

Data Handling & Retention Breach Notification

Reporting & Metrics

Reporting Frequency Required Metrics

FTC Disclosure Compliance

Any promotional messages serving as advertising or sponsored content must include a clear and conspicuous disclosure of material connection between Brand and Agency where required by law or industry guidance. Parties will draft disclosure language consistent with applicable rules and include same in required_message_content above.

Acknowledgement & Authorization

Client attests that the recipient list provided is lawfully obtained and that Client will retain documentation of opt-in consent. Client authorizes Agency to transmit SMS messages on Client's behalf in accordance with this form. Client further authorizes Agency to apply suppressions and processing required to honor opt-outs and carrier filtering.

Additional Terms or Comments

Client (Brand) - Printed Name:

By:

Date:

Agency / Provider - Printed Name:

By:

Date:

What a Marketing SMS Form Is and when it’s used

A Marketing SMS Form documents a consumer's express written consent to receive promotional text messages to a specific telephone number. It records the required disclosures, the phone number, the consumer's identity, the frequency and type of messages, and the date and time of consent. In the United States marketing SMS consent is governed by the Telephone Consumer Protection Act (47 U.S.C. §227) and related FCC guidance; eSignature validity follows ESIGN (15 U.S.C. ch. 96) and state UETA rules. The form is commonly used by marketing, sales, and compliance teams to create auditable opt-in records.

Why a clear, auditable Marketing SMS Form matters

A precise form reduces legal risk, documents consumer consent, and supports deliverability. Proper records help demonstrate compliance with TCPA requirements and FCC guidance while preserving evidence of intent, attribution, and the ability to reproduce the consent record under ESIGN and UETA.

Primary users and stakeholders

Teams that create or rely on Marketing SMS Forms vary by role and responsibility.

Marketing teams responsible for outreach and campaign reporting; they need clear consent fields and message examples.
Compliance, legal, and privacy teams who verify disclosures, retention policies, and TCPA alignment across campaigns.
Sales and customer success teams that collect opt-ins during transactions or support interactions; must capture provenance and timestamp.

Tailor the form to the needs of these groups while keeping legal language intact for compliance review.

Simple step-by-step to create and collect consent

Follow these sequential actions to build a compliant Marketing SMS Form and collect auditable consent.

01

Draft consent: Write explicit opt-in language matching TCPA guidance.
02

Add required fields: Include phone, name, date, message examples, and signature area.
03

Distribute form: Send by web link, in-app flow, or signed agreement during purchase.
04

Archive evidence: Store signed record with timestamp, IP, and audit trail.

How to configure an online consent workflow

Configure the form and delivery settings to capture consent consistently and preserve an audit trail.

Field \| Configuration	Field name \| Required / optional
Delivery method	Web form, SMS link, or embedded checkout
Authentication	Phone verification or email plus SMS code
Record retention	Secure archive with exportable audit trail
Opt-out handling	Automated STOP keyword and record update

Typical online collection flow for SMS consent

A common end-to-end flow reduces signer friction while preserving legal evidence.

Create form: Prepare template with mandatory consent language and fields.
Send link: Deliver via email, SMS, or checkout page with clear instructions.
Verify and sign: Confirm number via SMS code, then capture electronic signature or checked consent.
Store record: Save signed form with timestamp, IP, and any verification artifacts.

Platform capabilities to support Marketing SMS Forms

Choose tools that capture signatures, verification evidence, and an immutable audit trail.

File formats: PDF, DOCX, HTML accepted
Integrations: CRM and marketing platforms (Salesforce, Microsoft 365, NetSuite)
Authentication: SMS codes, email validation, or stronger options

Ensure the chosen platform supports secure storage, exportable audit trails, and the integrations your marketing and CRM stacks require.

Essential elements to include on a professional form

A complete Marketing SMS Form combines disclosures, clear fields, and technical evidence to support consent.

Clear disclosure

State the sender identity, marketing purpose, and any message or data rates the consumer may incur to make consent informed and unambiguous.

Affirmative opt-in

Require a clear affirmative action — a checked box and signature or an explicit text reply — rather than pre-checked boxes or inferred consent.

Message frequency

Specify expected message frequency (for example, weekly). Frequency disclosures reduce consumer confusion and strengthen intent evidence.

Revocation instructions

Provide concise opt-out instructions (e.g., reply STOP) and describe any additional steps required to revoke consent.

Example messages

Include representative message samples so recipients know what content to expect and can evaluate whether to consent.

Audit trail

Capture signer IP, timestamp, verification method, and any SMS code confirmation to support attribution under ESIGN and TCPA guidance.

Required data points to capture and retain

Phone number: Exact number signed

Consent timestamp: Date and time of opt-in

Signer identity: Name or account identifier

Verification log: SMS code or other proof

Audit metadata: IP address and user agent

Opt-out record: Date and method of revocation

Common mistakes to avoid when preparing the form

Using vague consent language that does not specify marketing purpose or message frequency, which undermines intent and invites disputes.
Failing to capture verification artifacts such as SMS code confirmations, timestamps, or IP addresses that are essential to demonstrate attribution.
Relying on pre-checked boxes or passive consent mechanisms instead of a clear affirmative action from the consumer.
Neglecting automated opt-out processing and record updates, which can lead to continued messages after revocation and regulatory complaints.

Key legal and operational risks

TCPA exposure: Potential statutory liability

Regulatory complaints: FCC or state AG inquiries

Deliverability harm: Carrier filtering and blacklisting

Reputational loss: Consumer trust erosion

Data breach risk: Unauthorized access to records

Contract disputes: Ambiguous consent triggers litigation

Practical tips for accurate and efficient completion

Follow these recommendations to minimize risk and speed processing.

Use explicit language

Write concise consent text that names the sender, purpose, and message frequency; avoid legalese that confuses consumers and obscures intent.

Require verification

Confirm the number via SMS code or known-account authentication at the time of consent to link the signature to the phone number.

Automate opt-out

Implement STOP handling and remove opted-out numbers from all marketing lists automatically to avoid inadvertent messages and complaints.

Centralize storage

Archive signed consent records with audit metadata in a secure, searchable repository to support compliance checks and legal requests.

Comparing eSignature vendors for Marketing SMS Forms

Basic vendor features and starting prices; choose a plan that supports verification, audit trails, and required compliance features without assuming envelope caps or plan limits.

	signNow	DocuSign	Adobe Sign	PandaDoc	HelloSign
Starting Price	$8/user/mo	$15/user/mo	$14/user/mo	$19/user/mo	$15/user/mo
Free Trial	Yes, 7-day trial	Varies by vendor	Varies by vendor	Varies by vendor	Varies by vendor
Bulk Send	Yes (premium)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes	Yes	Yes	No	No
Envelope Cap	No cap	100 envelopes/user/year	Varies by plan	Varies by plan	Varies by plan

Frequently asked questions about Marketing SMS Forms

Answers to common operational and legal questions when creating or using a Marketing SMS Form.

Need help? Contact support

Is explicit opt-in required?
Yes. Under the TCPA and FCC guidance, express written consent for marketing texts is required for non‑transactional messages to wireless numbers; include clear sender identification and disclosure to demonstrate intent.
What wording should consent use?
Use plain, consumer-facing language that names the sender, describes message types and frequency, states that consent is not required to make a purchase, and provides opt-out instructions.
Can consent be obtained electronically?
Yes. Electronic consent is valid under ESIGN (15 U.S.C. ch. 96) and UETA when intent, consent, attribution, and record retention requirements are met; preserve verification artifacts.
How should revocations be handled?
Honor opt-out requests promptly, update lists and archive the revocation record; include clear instructions such as replying STOP and log the revocation method and timestamp.
What verification is recommended?
Verify the number via an SMS confirmation code or known-account authentication and record the verification method, code sent, and verification timestamp to link consent to the phone number.
How long keep consent records?
Retain signed consent records for at least three years post-contact for dispute defense; if PHI is involved follow HIPAA six-year retention rules (45 CFR §164.530(j)).

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