Why this matters beyond just "best practice"
Email and SMS marketing are subject to federal regulations (including rules enforced by the FTC and FCC) governing consent, identification, and opt-out rights. This isn't just etiquette — noncompliance can carry real legal and financial risk.
This guide explains general concepts only and is not legal advice. Marketing consent rules are detailed and consequential, especially for SMS. Consult a qualified attorney or compliance resource before launching an email or SMS marketing program, particularly if you plan any significant volume.
General principles that commonly apply
- Consent should be genuine and specific — a client giving you their phone number for appointment reminders isn't automatically the same as consenting to promotional marketing texts.
- Identify your business clearly in every marketing message.
- Provide a clear, functioning way to opt out, and honor opt-outs promptly and completely.
- Keep records of consent — when and how someone opted in, in case you ever need to demonstrate compliance.
When in doubt, use a clear, separate opt-in specifically for marketing communications, distinct from any transactional consent (like appointment reminders) — this creates a cleaner compliance record and respects the client's actual preference.
SMS generally carries stricter requirements than email
Because SMS is more immediate and considered more intrusive, consent requirements and penalties for violations tend to be more stringent — treat SMS marketing consent with extra care, not the same casual approach you might use for email.
Where to learn more
The FTC's business guidance covers general marketing compliance; for SMS-specific rules, consult current FCC guidance and a qualified professional given how consequential and detailed these requirements are.
Frequently asked questions
Can I text clients who've never explicitly opted in to marketing messages? This is exactly the kind of question that needs a qualified professional's input for your specific situation — don't assume based on general familiarity with the concept.
Does having someone's phone number for booking purposes mean I can market to them? Not necessarily — transactional consent (appointment reminders) and marketing consent are often treated as distinct, and conflating them is a common, risky mistake.