Ron Kinkade
You run a grocery store. You want to start texting customers about weekly specials, new products, or exclusive offers. Before you send a single message, you need explicit permission from every person on your list.
This isn't a suggestion. Under TCPA regulations, sending promotional texts without written consent can cost $500 to $1,500 per message. The challenge is that most brick-and-mortar businesses don't have an obvious place in their customer journey to collect that permission. Your customers are walking through aisles, checking out, and leaving. There's no login flow or account creation step where consent naturally fits.
The good news is that physical retail locations actually have more consent collection options than purely digital businesses. You just need to build them into your operations in ways that feel natural to customers and meet regulatory requirements.
Why existing customer relationships don't equal SMS permission
Many retailers assume they can text customers who've bought from them before, especially if they have the customer's phone number from a loyalty program or past transaction. This assumption creates significant compliance risk.
Having a phone number doesn't mean you have consent to market via text. If someone gave you their number for order pickup notifications or delivery updates, that's transactional consent. It doesn't extend to promotional messages. Even loyalty program members need separate, explicit opt-in for SMS marketing.
The distinction matters because courts and carriers look at whether the customer actively agreed to receive marketing texts. Implied permission doesn't count. You need documented, affirmative consent.
Point-of-sale opt-in during checkout
The checkout process is your highest-conversion opportunity for SMS consent. Customers are already engaged, and you're asking at the moment when they've demonstrated interest in your business.
Paper receipt with opt-in form
Add a tear-off section to your printed receipts that includes:
- Clear language explaining what texts they'll receive
- Expected message frequency
- A checkbox to opt in (must be unchecked by default)
- Space for phone number and signature
- Date field
Store these forms. They serve as your proof of consent if questions arise later.
Consider offering an immediate incentive. A simple "Sign up for text alerts and get 10% off your next visit" can significantly increase opt-in rates.
Verbal opt-in with documentation
Train cashiers to ask: "Would you like to join our text list for weekly deals and exclusive offers? You'll get about 2-4 texts per month, and you can opt out anytime."
If the customer agrees, capture:
- Their phone number
- Verbal confirmation (document in your system with timestamp)
- Staff member who collected consent
This method works but creates more documentation burden. You need a reliable system to log verbal consent immediately.
Terminal prompt during payment
If you use modern payment terminals, add an opt-in prompt before the transaction completes. The screen should display the same information required for paper forms: what they're signing up for, frequency, and opt-out instructions.
The customer taps "Yes" or "No" directly on the terminal. The system logs the response with transaction data.
Text-to-join keywords at checkout and throughout the store
Text-to-join gives customers a simple way to opt in using their own phone. Display signage at checkout lanes, on shelf tags, or near high-traffic areas with clear instructions:
Text JOIN to [your short code or 10-digit number] for weekly deals and 15% off your next purchase
When someone texts the keyword, they receive an automated reply confirming their subscription and explaining opt-out instructions. The mass texting platform handles the opt-in record automatically.
This method is particularly effective because:
- Customers control the entire process
- No staff training required
- Consent is documented automatically with timestamp
- Works for customers who are browsing but not buying yet
Place QR codes near the text-to-join instructions. Some customers prefer scanning to typing.
Offering an exclusive discount for text subscribers gives customers a concrete reason to join immediately. Frame it as a reward for joining rather than a bribe for permission.
In-store signage and promotional materials
Physical locations give you more surfaces to promote SMS opt-in than digital businesses have. Use:
- Window clings with QR codes and text-to-join instructions
- Shelf talkers promoting exclusive text-only deals
- End-cap displays explaining the SMS program
- Shopping cart placards
- Restroom mirror decals
Every piece of signage should include the same core elements: what customers get by joining, how to opt in (keyword + number or QR code), and a clear statement that message and data rates may apply.
Highlight exclusive benefits. "Text-only flash sales" or "Get 20% off when you join our text list" gives customers a tangible reason to opt in.
Paper forms for loyalty program members
If you have an existing loyalty program, you probably have customers who'd welcome SMS updates. But you can't assume their loyalty enrollment gives you SMS permission.
Create a simple paper form that loyalty program members can complete at customer service or checkout:
Join our text list
By providing your mobile number below, you agree to receive promotional texts from [Business Name]. Message frequency varies. Message and data rates may apply. Reply STOP to opt out.
Mobile number: _______________
Signature: _______________
Date: _______________
Keep completed forms filed by date. These serve as your consent records.
Email your existing list with a web signup form
If you have an email list, use it to drive SMS opt-ins. Send a dedicated email explaining your new text program and linking to a web-based signup form.
Text-Em-All provides a web form with every account that you can customize and embed on your website or share via direct link. The form captures consent automatically and adds subscribers to your SMS list with full documentation.
Your email should:
- Explain what subscribers will receive via text
- Highlight exclusive benefits (early access to sales, text-only discounts)
- Include a prominent call-to-action button linking to the signup form
- Feature a QR code that opens the form on mobile devices
Example email structure:
Subject: Get exclusive deals sent right to your phone
We're launching a new text message program for customers who want first access to weekly specials, flash sales, and exclusive offers.
Join our text list and get 15% off your next purchase.
[Button: Sign Up for Text Alerts]
Or scan this QR code with your phone:
[QR code linking to signup form]
You'll receive about 2-4 texts per month. You can opt out anytime by replying STOP.
This method works particularly well because:
- Email subscribers have already shown interest in hearing from you
- The web form documents consent automatically
- QR codes make mobile signup instant
- You can track conversion rates from email to SMS opt-in
Don't send multiple email requests in a short period. One well-crafted email, possibly with a single follow-up to non-openers, is sufficient. Repeated requests feel pushy and may increase email unsubscribes.
Online opt-in for customers with accounts
Some grocery stores and retailers have online ordering or account portals. These provide straightforward opt-in opportunities.
During account creation
Add an unchecked checkbox to your account signup form:
"I agree to receive promotional text messages from [Business Name]. Message frequency varies. Message and data rates may apply. Reply STOP to opt out."
The box must be unchecked by default. Pre-checked boxes don't meet consent requirements under GDPR and create risk under TCPA.
In account settings
Let existing account holders opt in after creation. Add an SMS preferences section where they can:
- Enter or update their mobile number
- Check a box to opt in to marketing texts
- See what types of messages they'll receive
- Review their current opt-in status
This gives customers control over when and whether they join your SMS program.
At online checkout
Add an opt-in checkbox during online checkout, positioned after payment information. Make sure the language is clear and the box is unchecked by default.
What your consent language must include
Every opt-in method needs specific disclosures. The exact wording matters for SMS compliance.
Required elements:
- Clear statement that the person agrees to receive marketing texts
- Your business name
- Message frequency (even if approximate)
- Statement that message and data rates may apply
- Opt-out instructions (typically "Reply STOP to opt out")
Optional but recommended:
- Link to terms and conditions
- Link to privacy policy
- Customer support contact
Example consent language:
By checking this box, you agree to receive promotional text messages from [Business Name] about sales, new products, and special offers. Message frequency varies. Message and data rates may apply. Reply STOP to opt out or HELP for help.
Keep the language conversational and readable. Avoid legal jargon that obscures what customers are agreeing to.
Double opt-in adds a confirmation step
Double opt-in requires customers to confirm their subscription after the initial opt-in. Here's how it works:
- Customer opts in (via form, keyword, QR code, etc.)
- They receive an automated text: "Reply YES to confirm your subscription to [Business Name] text alerts"
- Customer replies YES
- System adds them to your active list
Double opt-in reduces the risk of typos, wrong numbers, and accidental opt-ins. It also provides stronger proof of consent because the customer took two separate actions.
The downside is conversion drop-off. Some customers won't complete the second step. For high-risk industries or businesses with compliance concerns, the trade-off is worth it.
Using incentives to drive opt-ins
Special discounts and exclusive offers significantly increase SMS opt-in rates. Customers need a reason to give you permission to text them. A clear, immediate benefit makes the value exchange obvious.
Effective incentives include:
- Percentage or dollar-amount discount on next purchase
- Early access to sales or new products
- Text-only flash sales
- Exclusive product drops
- Birthday rewards
- Points multipliers for loyalty program members
Frame the incentive clearly in your opt-in request: "Join our text list and get 15% off today" works better than "Join our text list for great deals."
Deliver the incentive immediately after opt-in. If you promise a discount, send the code in the confirmation text. If you offer early sale access, make sure subscribers actually get it before the general public.
One caution: don't make the incentive so large that it attracts people who only want the discount and will immediately opt out. A 10-15% discount or $5-10 off typically provides enough motivation without attracting purely discount-driven signups.
Document everything
Consent documentation isn't optional. If a customer files a complaint or if carriers investigate your practices, you need to prove permission was granted.
Store these details for every opt-in:
- Phone number
- Date and time of opt-in
- Method of consent (web form, keyword, paper form, etc.)
- Exact consent language shown to the customer
- IP address (for web-based opt-ins)
- Source (which campaign, location, or page drove the opt-in)
Text-Em-All and similar platforms store this information automatically for digital opt-ins. For paper forms and verbal consent, you need internal systems to capture and retain records.
Keep consent records for at least four years. Some businesses keep them indefinitely.
Common mistakes that create compliance risk
Assuming payment or purchase implies SMS consent
Taking someone's phone number at checkout doesn't mean you can text them promotions. You need separate, explicit opt-in.
Using pre-checked boxes
The checkbox must be unchecked by default. Customers must take an affirmative action to opt in.
Bundling SMS consent with other agreements
Don't hide SMS opt-in inside terms of service or privacy policies. Consent must be specific and separate.
Ignoring opt-outs
When someone texts STOP, they must be removed immediately. Continuing to text them after opt-out creates significant liability.
Failing to track consent source
If you collect opt-ins through multiple channels, you need to know which channel each number came from. This helps troubleshoot issues and proves consent validity.
Texting purchased or rented lists
Third-party lists don't come with valid consent for your business. Even if the list provider claims consent exists, it doesn't transfer to you. Only text people who opted in specifically to hear from your business.
Build consent collection into your operations
SMS marketing works when recipients want your messages. The businesses that succeed treat consent collection as a core part of their customer experience, not a legal hurdle to clear.
Start with one or two methods that fit naturally into your existing operations. Train staff on why consent matters and how to collect it properly. Monitor opt-in rates and test different approaches to see what resonates with your customers.
Text-Em-All provides tools to collect consent through keywords, web forms, and automated confirmation messages. The platform tracks opt-ins automatically and handles opt-outs in real time, which reduces manual compliance work. If you're ready to build an SMS program that respects your customers and follows regulations, explore how SMS marketing works through Text-Em-All.
Frequently asked questions
Can I text customers who gave me their number for delivery updates?
Not for marketing. Delivery updates are transactional. Marketing requires separate consent.
Do I need consent for appointment reminders?
Appointment reminders are typically transactional and don't require the same written consent as marketing. But you still need a relationship with the recipient and their permission to contact them.
What if a customer opts in but then claims they didn't?
This is why documentation matters. If you have timestamped records showing how and when they opted in, you have evidence to defend your practices.
Can staff members opt in on behalf of customers?
No. The customer must take the action themselves. Staff can explain the program and facilitate opt-in, but they can't complete the process without the customer's direct participation.
How long does consent last?
Under TCPA, consent doesn't expire unless the customer withdraws it. Under GDPR, you may need to reconfirm consent if customers haven't engaged in a long time. Many businesses refresh consent annually as a best practice.
What happens if I accidentally text someone without consent?
Stop immediately when you discover the error. Remove the number from your list. If the person complains, document your response and the steps taken to prevent future violations. One accidental message is different from systematic non-compliance, but both create risk.