Rules around customer consent vary between email and SMS. It is crucial to understand both, as well as their differences, to comply with international laws and maintain a positive relationship with your customers. By the end of this article, you will have learned the rules and best practices for email and SMS compliance.
When someone subscribes to one of your lists (e.g., through a signup form) their consent status is marked as true in Klaviyo. This results in the creation of their profile in your account (if it does not already exist) and a green checkmark in the Channel Details section of this profile.
The green checkmark under Consent Status shows that this profile has subscribed to your lists, but does not necessarily mean that they consent to all marketing. There are likewise multiple icons that can appear in this section of a profile that signify partial or lack of consent. For clarity on the different icons under Consent Status, please see our Channels section of Contact Profiles in Klaviyo.
In some cases, international laws affect email consent as well. A prime example of this is GDPR, which governs residents of the EU. For information on how to remain compliant and access appropriate consent for EU customers, please see our article on collecting GDPR compliant consent and our FAQs on the topic.
Email Best Practices
It is a best practice to have double opt-in enabled in your account. This means that when a customer subscribes via a signup form or other subscription method, they will receive a confirmation email to verify that they want to subscribe. All free accounts require this feature to be toggled on. Double opt-in ensures that you maintain good deliverability and avoid spam traps that negatively affect your email provider reputation.
Klaviyo also requires you to include an unsubscribe link in all of your emails. This is required by US law and ensures a seamless experience for your customers, improving email deliverability. It is always better that someone unsubscribes from your content rather than marks it as spam. You can customize your unsubscribe link as well to fit your business style and needs.
SMS consent is collected separately from email consent. For that reason, if you have email consent for a profile, that does not mean that you can legally send that same contact SMS messages, and vice versa.
In order to send an SMS message to a Klaviyo profile, you must collect their SMS consent. You can ask for SMS consent in a landing page on your site, prompt website visitors to subscribe in a signup form, or request it from email subscribers in a campaign. To learn more about how to gain SMS consent, head to our Guide to Collecting SMS Subscribers.
Once consent is granted from a profile, their phone number will appear under Channel Details along with another green checkmark denoting their consent status.
SMS Best Practices
Like email, there is a double opt-in process for SMS. This is not mandatory, but it is highly recommended. These messages confirm that the phone number provided by the recipient is legitimate, give you a record of consent, and provide a way for the text message recipient to opt-out if they change their mind.
A recipient marking a text message as spam carries greater consequences than a recipient marking an email as spam. If you are reported as spam by recipients, you may be subject to hefty fines under US law. SMS consent laws are mandated by TCPA. To comply with their laws, Klaviyo requires that you send certain keyword responses to customers. Keyword responses are free of charge and can be edited.
For a complete breakdown of the similarities and differences between SMS and email, be sure to check out our article on The Difference Between SMS and Email.