Understanding abandoned cart SMS compliance for the US

There are two main requirements for consent in connection with abandoned cart messages: 

• A recipient must explicitly agree to receive abandoned cart reminders
• The list they are sent to must have double opt-in enabled

For the first, as a part of the SMS opt-in process on your website, mention in the call-to-action that your SMS program includes abandoned cart reminders. Typically, this mention is part of the disclosure text written on a signup form.

Every SMS subscriber must also go through the double opt-in process if you want to send them abandoned cart messages. 

An SMS abandoned cart flow has two key restrictions:

• The flow is limited to one SMS message per each abandoned cart
• The message must be sent within 48 hours of the triggering event

Further, you cannot complete the transaction on behalf of the customer, collect payment information via text, or accept purchase via a keyword confirmation from the customer. The customer must complete the transaction themselves on your online store.

If you plan to send abandoned cart reminders through your short code SMS program, it needs to be specified within your mobile program terms of service. The language below is an example of such a disclosure. 

“If you have opted in, the Service provides alerts, information, promotions, specials, and other marketing offers (e.g., cart reminders) from <Company Name>.”

You must also address your abandoned cart program in your privacy policy. Privacy policies must explicitly state how information is captured by the website to determine when a customer cart has been abandoned (website cookies, plugins, etc). The language below is an example. 

“The <website> uses cookies to help keep track of items you put into your shopping cart including when you have abandoned your cart and this information is used to determine when to send cart reminder messages via SMS.”