The Telephone Consumer Protection Act (TCPA) regulates SMS marketing in the United States and Canada. It requires businesses to obtain express written consent before sending marketing messages and provide clear opt-out mechanisms.
Most Omnisend users send texts to customers inside and outside the US. While there are no specific regulations for the rest of the world (apart from GDPR in the EU), to send texts to US/CA customers, you must comply with TCPA requirements.
To address this, we have designed two different editors: one for US/CA recipients and another for the rest of the world. This article focuses only on SMS messages sent to US/CA recipients.
Before You Start
Before sending messages to US/CA customers, you must obtain express written consent to receive marketing messages through SMS.
Content restrictions: SMS marketing for SHAFT content (Sex, Hate, Alcohol, Firearms, Tobacco/Cannabis) is prohibited by US carriers. Accounts selling these products may have SMS features restricted or toll-free verification rejected.
The budget for SMS messages can be included in your pricing plan ($1 on Free and Standard, Free SMS credits on Pro) or purchased as an additional service (on any plan).
Check out detailed articles on SMS Campaigns and SMS Automations editing.
Changing SMS Settings
A functioning opt-out mechanism is essential for compliance with TCPA requirements and CTIA guidelines.
Your US/CA number must respond to HELP and STOP keywords automatically:
HELP: Provides your company name and contact information.
STOP: Immediately unsubscribes the customer from SMS marketing.
Keywords to subscribe: join, subscribe, start.
Keyword Responses
You must always respect customers' opt-out requests. When a customer replies with any recognized unsubscribe keyword, their SMS subscription status will change to Unsubscribed in Omnisend, and an automatic acknowledgment message is sent.
The default text can be changed in your account settings by going to Store Settings → Settings → Language & translations.
Moreover, customer care contact information must be clear and easily accessible to help users. Responding to the HELP keyword will provide your customers with your company name and contact information.
Recognized Unsubscribe Keywords
UnsubscribeCancelQuitEndOpt outOptoutOpt-outStopall
To count as a real opt-out intent, the customer's message must either:
Only contain one of these keywords, OR
Start with one of these keywords.
If a customer replies with mixed or unrelated text that does not meet these conditions, it will not trigger auto-unsubscription.
Important: Our network provider automatically sends the STOP keyword response in the US. You cannot modify this auto-response.
Keyword | Logic |
Stop | Inbound must start with stop
Example: “stop please” works ✅ “please stop” does NOT work ⛔ |
Unsubscribe | Inbound must start with unsubscribe |
Cancel | We search the entire text; the keyword can appear anywhere |
Quit | Inbound must start with quit |
Optout | Inbound must start with optout |
End | Inbound must start with end |
Revoke | We search the entire text. A keyword can appear anywhere |
If a customer reports they tried to unsubscribe but are still receiving messages: Verify they replied with the keyword at the start of their message (e.g., "stop please" works, but "please stop" does not). Manually unsubscribe them via their Contact profile. Update your customer support documentation to clarify correct opt-out phrasing.
Resubscribe Keyword
Customers can resubscribe by replying
UNSTOP.Auto-responses for resubscriptions are generated automatically.
Note:
There is no auto-response for CA customers when using
UNSTOP, but the keyword is still supported.You can manually add
UNSTOPInstructions to the STOP keyword reply in Store Settings → Settings → Language & Translations.
SMS Message Design
We provide two unsubscribe options depending on your recipients:
Region | Opt-out instruction |
US/CA | "Reply STOP to unsubscribe" (mandatory) |
Non-US/CA | "Click Unsubscribe link" |
Adding the opt-out option in US/CA SMS messages is mandatory. You can differentiate opt-out instructions for US/CA vs. international audiences directly inside the SMS editor. You will also see a preview of how the message will display for US/CA and non-US/CA customers.
Sender Information
The SMS Sender Name is not supported in the US and CA.
Omnisend provides a dedicated phone number for US/CA users for your campaigns. Once you send an SMS campaign to the US/CA, we will provide you with a different dedicated phone number, which will be used for all your future SMS messages sent to US/CA phone numbers.
Customers will always see the same sender number when receiving your messages.
Important: If your SMS exceeds the maximum character limit for one message, it will be split into multiple parts.
Collecting TCPA Consent Record
Once you start collecting your customers' Opt-ins for the SMS channel, you must add a TCPA legal block to your form, which explains that by submitting this sign-up form, your customers agree to receive your marketing through the SMS channel.
Moreover, you must add the privacy policy link. As a best practice, we recommend including information on how customers' emails and phone numbers are used (for marketing purposes) in your privacy policy.
After your customers submit this form, the TCPA consent record, along with the phone number and subscription status, will be added to their profiles.
Important: You cannot enable an Omnisend form with SMS opt-in without adding a legal consent item. With TCPA consent in place, we can ensure that your customers are informed that you will be sending your marketing to the phone number they provide on the sign-up form.
The legal consent checkbox cannot be removed when collecting phone numbers. Disclaimer text alone is not sufficient under TCPA – active checkbox consent provides documented proof required by law.
Importing Contacts with Prior SMS Consent
You can import contacts as SMS-subscribed if you have documented proof of their prior consent. Store original consent details (date, source) as custom properties.
To stay compliant, create a segment using Consent is TCPA to target only contacts who opted in through Omnisend forms. Contacts without Omnisend-collected consent should be excluded from US/CA campaigns.
Subscription Status vs. TCPA Consent
Subscription status vs. TCPA consent: A contact can be "Subscribed to SMS" (they provided a phone number) but may not have TCPA consent if the number was collected outside Omnisend or without a legal block. Use the segment filter Consent is TCPA to ensure customers received proper legal disclosures when they signed up.
To stay compliant:
Create a Segment of customers who have consented to SMS marketing.
Only send SMS Campaigns to this Segment.
Make sure your unsubscribe mechanisms, keywords, and messaging practices match the latest TCPA/CTIA regulations. Following these practices will protect your brand reputation and ensure high deliverability.
FAQ
My toll-free verification was rejected for TCPA/SHAFT violations. What do I fix?
Check these three common issues:
Your opt-in form consent language must clearly state "marketing/promotional messages" and cannot be required for purchase.
Ensure your business contact phone number is visible on your website (Contact page or footer).
Verify your products don't fall under SHAFT restrictions (Sex, Hate, Alcohol, Firearms, Tobacco/Cannabis).
Fix these issues and resubmit your verification form. Learn more about toll-free verification.
Can I import SMS contacts collected outside Omnisend?
Yes, but only if you have documented proof of their prior SMS marketing consent. Import contacts with "Subscribed to SMS" status, then store original consent details as custom properties. To stay compliant, create a segment using Consent is TCPA to target only contacts who opted in through Omnisend forms with legal blocks. Contacts without Omnisend-collected consent should be excluded from US/CA campaigns.
A customer texted "please stop" but is still receiving messages. Why?
The keyword "STOP" must appear at the start of the message to trigger auto-unsubscribe. Messages like "please stop" or "I want to stop" will not be recognized.
Manually unsubscribe the customer by updating their SMS subscription status to "Unsubscribed." Update your customer support documentation to clarify that replies must begin with STOP, UNSUBSCRIBE, or other recognized keywords.
What's the difference between "implicit consent" and "express written consent"?
Under TCPA, you need express written consent for SMS marketing, meaning customers must actively check a legal consent box on your form that clearly explains they'll receive marketing messages. "Implicit consent" (inferred or passive agreement) is not sufficient for SMS marketing in the US/CA. Always use a legal consent block with a checkbox that is unchecked by default.
Can I use disclaimer text instead of a legal consent checkbox?
No. A legal consent checkbox is mandatory when collecting phone numbers for SMS marketing. Disclaimer text alone does not meet TCPA requirements for documented, active consent. The checkbox must be unchecked by default and customers must actively check it before submitting the form. This provides legally required proof of consent.
What's the difference between "Subscribed to SMS" and "Consent is TCPA"?
"Subscribed to SMS" means the contact has a phone number and subscription status in your account. "Consent is TCPA" means the contact opted in through an Omnisend form that included a legal consent block. For US/CA compliance, always segment by Consent is TCPA to ensure customers received proper legal disclosures when they signed up.
Can I edit the TCPA legal consent text on my form?
Yes. In the Form Builder, click the Legal Consent block, highlight the existing text, and type your custom TCPA-compliant disclosure. Include your privacy policy link and explain that customers agree to receive marketing SMS messages. You can also customize the error message shown if the checkbox isn't checked.
If you have more questions, do not hesitate to contact our support team. We are available 24/7 and can be reached via In-app chat or email at [email protected].