What is implied consent?

In marketing, implied consent refers to providing contact information, such as email address or phone number, for a specific purpose but not explicitly opting in to receive marketing messages.

Implied consent may hint at your audience’s interest in your brand, but it doesn’t equal them explicitly agreeing to receive promotional content. Sending marketing messages without priorly obtaining explicit consent can have significant drawbacks, such as flagging your message as spam and damaging your brand image.

Using explicit instead of implicit consent in your marketing efforts can boost engagement and your brand reputation. Follow the steps below to transform your consent-obtaining approach.

1. Assess your current consent-obtaining practices

Reassess how you’re currently collecting consent. Use your existing customer data to see what information they’ve provided.

Pay close attention to whether explicit consent was obtained for each customer’s data—identify areas where you might be relying on implied consent and need to make changes.

2. Develop a clear consent-obtaining policy

Create a clear and concise outline of your approach to obtaining explicit consent. Include details on:

  • Data usage: Explain how you will use customer information for marketing purposes. Be specific about the types of information you collect, such as email address, name, and purchase history.
  • Customer rights: Inform customers about their right to opt out or withdraw consent at any time.
  • Compliance with regulations: Specify how you adhere to data privacy laws.

3. Implement explicit consent collection

To successfully obtain a customer’s explicit consent, integrate clear and easy opt-in options throughout their journey with your brand. Consider obtaining explicit consent through the following: 

  • Keyword opt-in: Customers can subscribe by texting a designated number with a specific keyword, for example, “JOIN.”
  • Double opt-in: After initial sign-up, customers receive a confirmation text and need to reply with another keyword, such as “CONFIRM,” to verify.
  • In-store sign-ups: Offer sign-up sheets or tablets with clear instructions and an SMS marketing opt-in checkbox.

A marketing automation platform like Klaviyo simplifies implementing explicit consent principles in SMS marketing. Use Klaviyo to easily create mobile-friendly sign-up forms using the form builder, automate the double opt-in process, and gain real-time insights into your SMS list.

Klaviyo AI helps you create personalized content that boosts engagement and drives conversions. Ready to transform your SMS marketing initiatives? Sign up for Klaviyo today.

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