Toll Free verification rejection - Opt-in not sufficient: Cannot combine consent for messaging with requirement for service

The Toll-Free phone number verification submission has been reviewed and it was rejected. Effective Jan 31st, 2024, messaging traffic on this Toll-Free number is blocked until it's verified.

Verification is one component of ensuring A2P SMS is used by businesses in a legal and compliant manner. The review process looks at the business sending messaging (not the software powering it), the use case, sample content, the web presence, the opt-in/consent collected and associated website terms and privacy policies.

Your opt-in mechanism requires that the consumer opt-in to messaging as a requirement of using your service, which is not allowed.

Consent cannot be a requirement for your business's service. A business may not combine collecting a consumer's phone number with opting-in to receive marketing messaging. An explicit opt-in leaves no ambiguity for why the customer gave the phone number, and for how they expect the company will communicate with them.

Opt-in refers to the process of getting a consumer's permission to send them text messages. According to TCPA law, businesses must have "express written consent" from the consumer before texting them. NonConsumer (A2P) Message Senders should:

• Obtain a Consumer's consent to receive messages generally;
• Obtain a Consumer's express written consent to specifically receive marketing messages; and
• Ensure that Consumers have the ability to revoke consent.

Note: If there is promotional messaging on this toll-free phone number, it requires express written consent.

• Ensure your opt-in mechanism is a distinct action during a consumer's sign up for your service.
• An opt-in call-to-action (CTA) with a checkbox must be unchecked by default.

Resources:

CTIA guidelines

Consent/Opt-In in Twilio's Messaging Policy

Why was my Toll Free Verification Rejected?

Required information for Toll-free verification

Toll-Free best practices