Understanding how the LGPD and Não Me Perturbe affect SMS in Brazil

You will learn

Learn about best practices for SMS marketing to recipients in Brazil.

The following laws, industry rules, and registries may affect SMS and telemarketing communications in Brazil:

• Lei Geral de Proteção de Dados (LGPD) — Brazil's General Data Protection Law
• Não Me Ligue — the national do-not-disturb registry maintained by Procon-SP, respected by major telecom, banking, and insurance companies.
• Não Me Perturbe — a national registry for blocking telemarketing calls from participating telecom providers, and financial institutions offering payroll-deductible loans and credit cards
• ANATEL regulations — telecom regulator rules governing SMS delivery, sender identification, and short code/long code use
• State-level "do-not-spam" registries, which may impose additional requirements depending on the recipient's state

Please note, certain states and sectors may have additional rules that apply to SMS marketing and are not included in this guidance.

SMS compliance in Brazil

There are a number of compliance dos and don'ts for SMS marketing in Brazil:

Do:

• Obtain explicit consent before sending marketing SMS through Klaviyo.
• Allow recipients to easily opt out of future messages.
• Only send during appropriate daytime hours.
• Include an opt-out method on messages such as an unsubscribe URL.
• Clearly identify your brand or organization in your messages.
• Check which do-not-disturb registries apply to your business and recipients before sending.

Do not:

• Send marketing messages to numbers where an applicable do-not-disturb registration prohibits contact.
• Include prohibited or high-risk content in your messages.
• Continue messaging someone after they've withdrawn consent.

The following sections explain these practices in more detail.

Obtain a valid legal basis for processing

Under the LGPD, personal data — including a mobile number used for marketing — can only be processed when the organization can point to one of the law's lawful bases, such as consent or legitimate interest. When sending marketing SMS through Klaviyo, you must obtain explicit consent.

To be valid under the LGPD, consent must be freely given, informed, and unambiguous, and given for a specific purpose. In practice, this means:

• Make it easy for recipients to opt out at any time. For Klaviyo SMS in Brazil, use the unsubscribe link.
• Provide a link to your privacy policy at the point of collection.
• Be clear about what data you're collecting, why, and how it will be used.
• Ask for consent separately for each channel (e.g., don't bundle SMS consent with email consent in a single checkbox).
• Require an active, unambiguous step from the subscriber (e.g., checking an unchecked box) — consent cannot be inferred from silence or a pre-checked box.
• Do not make consent a condition of receiving a good or service where it isn't necessary to provide that good or service.
• Keep accurate, dated records of when, where, and how each subscriber gave consent, since the burden of demonstrating a valid legal basis sits with the controller.
• Allow subscribers to withdraw consent as easily as they gave it, and stop messaging them once they do.

When using Klaviyo SMS, you need to obtain explicit consent from recipients using the guidelines above.

Check applicable do-not-disturb registries

Não Me Ligue and Não Me Perturbe are free, public do-not-disturb registries where Brazilian consumers can register their phone numbers to block unsolicited telemarketing and commercial offers from categories such as banking, telecom, and insurance. Many of the country's largest telecom, financial, and insurance companies participate in and honor the registry.

Before sending marketing SMS or making telemarketing calls to a Brazilian number, identify the national and state registry rules that apply to your business and recipients. Then:

• Screen your contact list against the applicable registries and exclude numbers whose registrations prohibit your messages.
• Re-screen your list periodically, since consumers can register at any time.
• Check for and respect any relevant state-level do-not-spam registries, since requirements can vary by state.
• Do not assume that SMS consent overrides a registry restriction. Some registries have a specific authorization process. For example, Procon-SP's Não Me Ligue lets consumers authorize contact from selected companies through its Termo de Autorização.

Only send during appropriate hours

As a general best practice, avoid sending marketing SMS very early in the morning or late at night, and avoid sending on national holidays. In the absence of a single, harmonized national rule for all sectors, a widely used guideline is to avoid sending at these times in the recipient's local time:

• Before 8 a.m.
• After 8 p.m.

SMS engagement also tends to be lower outside of typical daytime hours, so limiting sends to reasonable local hours is good practice from a deliverability and reputation standpoint as well as a compliance one.

Identify your brand/organization

Each text message you send to recipients in Brazil should clearly identify you as the sender. Many companies do this by including their organization's name at the start of each message.

In the SMS message editor, select Compliance in the sidebar to review your company’s Organization prefix. This option is on by default. For SMS sent to Brazil, Klaviyo includes the prefix at the start of the message even if you turn this option off.

Do not include prohibited content

Carriers and financial institutions may refuse to deliver — or flag as high-risk — SMS messages that reference certain topics, including:

• Illegal substances
• Adult content
• Firearms
• Tobacco and CBD
• Gambling
• Debt collection/forgiveness
• High-risk financial services (e.g., cryptocurrency, unregulated lending)
• Multi-level marketing
• Content resembling common phishing or fraud patterns (e.g., fake package delivery notices, "your CPF is blocked" style messages), which carriers increasingly filter aggressively given the prevalence of SMS-based scams in Brazil

While not all of these topics are prohibited outright, carriers and financial partners periodically reassess what they will allow, and don't always publish these changes formally or in advance. It's best to avoid content related to these topics when sending to Brazil.

Messages related to these prohibited topics may result in filtering, message blocking, or your sending number being blocked entirely. For more information, read our article on prohibited SMS content.

Allow people to opt out easily

Each text message you send to recipients in Brazil must also include a clear opt-out mechanism. Klaviyo’s sending numbers in Brazil cannot receive replies, so recipients cannot unsubscribe by texting keywords such as STOP or SAIR.

Klaviyo automatically includes an unsubscribe link in SMS sent to Brazil. In the SMS message editor, select Compliance in the sidebar to review Unsubscribe link. To opt out, recipients open the link and select Unsubscribe on the confirmation page.

Respect do-not-call and do-not-disturb restrictions

Do not contact numbers where an applicable do-not-disturb registration prohibits your messages. Check the registry's scope and any required authorization process before sending. State requirements can differ from those of Não Me Perturbe; for example, São Paulo's Não Me Ligue registry covers SMS.

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