Last updated: July 2026 · ~6 min read · Educational, not legal advice.
Marketing vs. service messages
The standard depends on the message. For marketing texts (promotions, "we miss you," review requests that market), you need prior express written consent — the customer clearly agreed, in writing, to receive marketing texts, and that agreement wasn't a condition of purchase. For purely transactional service messages (an appointment your customer booked), a lower standard can apply — but you still must be able to show the customer provided the number for that purpose and you must honor opt-outs.
The safe, defensible rule: capture and store provable consent for every number you message, and treat opt-outs as sacred.
What "provable" means
A screenshot of a text thread won't survive scrutiny. A defensible consent record contains: who consented (customer ID / number), when (timestamp), to what (the exact wording they agreed to), and how (web form, voice script, SMS reply) — stored so it can't be altered after the fact.
Four steps to compliant consent
- Capture at intake. Add a clear opt-in to your web form, voice script or SMS reply that names what they'll get ("appointment and service updates by text").
- Sign the token. Cryptographically sign the customer ID + timestamp + consent wording so the record is tamper-evident.
- Verify before every send. Check for a valid signed record before a message leaves — and block it if there isn't one.
- Deliver proof on demand. Keep it in a searchable audit trail so you can produce it in seconds, not after a 30-minute hunt across tools.
Don't forget opt-out
Every message stream must honor STOP and equivalent requests immediately, and you should log the opt-out the same way you log consent. A customer who opted out and got another text is one of the most common — and most winnable — TCPA claims.
Grandeza's hardening engagement implements all four steps on the tools you already run, and the free scan tells you which of these you're missing today.
Educational and general; not legal advice. Consult your attorney about your specific situation.
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