You will learn
Learn about age-gating content and why it’s important for SMS marketing. Here, we provide an overview of age-gating for SMS, including what is required and which industries require it.
This article does not go over how age-gating works in Klaviyo. Klaviyo only allows age-gating for alcohol brands, and currently does not allow age-gating for any other use case. See our article on age-gating for alcohol in Klaviyo.
This information is intended solely for educational and informational purposes and should not be construed as legal advice. The content provided is general in nature and may not reflect the most up-to-date information. Klaviyo strongly advises consulting with a qualified legal counsel to ensure your compliance with applicable laws and regulations in connection with your use of our services.
About age-gating for SMS
Age-gating is a technical protection method used to prevent underage people from viewing a website with restricted or inappropriate content. It requires visitors to verify that they are of age by entering their age or birth date before they can view content.
Certain industries are required to implement age-gating; however, we recommend using it no matter where you’re collecting SMS consent.
Age-gating for SMS has 2 parts to it, both of which are required. It must prevent underage visitors from:
- Seeing content on a website
- Opting into SMS marketing
If you have a short code, note that age-gated short code programs are approved on a case-by-case basis.
Note that Canada does not support age-gated content for toll-free numbers.
Why age-gating is important for SMS
Compared to most other marketing channels, SMS is subject to more restrictions and heavier scrutinization. Unless the proper age-gating procedures are in place, certain industries cannot use SMS to promote content. Further, failure to comply with these requirements can lead to the suspension of the sending number, an audit, and fines.
Blocking content on a website
Say you have an online liquor store in the US. When someone visits your website, a window will block the screen and ask for the visitor’s birthday. If that person is 21 or older, they will be able to access your full website and view your content. Anyone younger than 21 will see a message saying that they cannot view the website’s content and will not be able to view anything else.
Preventing visitors from subscribing
One option is to include an age gate within your SMS signup form. That way, someone must verify their age before they even become an SMS subscriber.
For this type of age gate, you’ll need to use a signup form that can collect consent based on age.
Note that text-to-join is not considered age-gating. Part of age-gating is preventing anyone who does not meet the age requirements from subscribing; however, text-to-join allows anyone who sends a subscribe keyword to opt in.
What industries need to age-gate in the United StatesWhat industries need to age-gate in the United States
Many of the industries that are prohibited for SMS can send messages if they have an age gate, although some are allowed only in some instances.
If your business falls within one of the below categories or if you are planning a promotion featuring specific content, age-gating may be required for compliance.
|
Industry |
Allowed with age-gating? |
Number Types | |
|
Adult |
Sex toys and lingerie |
Yes Age: 18+ |
Short code and toll-free numbers |
|
Sexually explicit content |
No |
N/A | |
|
Alcohol |
Yes Age: 21+ |
Short code and toll-free numbers | |
|
Firearms |
No |
N/A | |
|
Sweepstakes (regional laws for sweepstakes may apply) |
Yes Age: 18+ |
Short code and toll-free numbers | |
|
Tobacco |
Tobacco, e-cigarettes, and related paraphernalia |
No |
N/A |
|
Illegal Substances |
CBD/Cannabis and/or related vaping and paraphernalia - Prohibited globally including the US and CA |
No |
N/A |
|
Gambling |
Gaming apps, websites, betting apps, casinos |
No |
N/A |
Other prohibited content includes:
- Hate speech
- Violence
- Profanity
- Illegal drugs
If you are unsure whether or not your industry will be permitted with age-gating, refer to your legal counsel for advice.
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