Updated: March 2, 2026
Text message marketing is highly regulated in both the United States and Canada.
Businesses sending SMS or MMS campaigns must comply with:
United States: CTIA (Cellular Telecommunications Industry Association) & TCPA (Telephone Consumer Protection Act)
Canada: CASL (Canada’s Anti-Spam Legislation)
Mobile carrier policies: Carriers may apply additional restrictions beyond federal law.
This article outlines key requirements and restricted categories for sending SMS/MMS through Hive.
⚠️ This article is for informational purposes only and does not constitute legal advice. Consult your legal counsel for guidance specific to your business.
Text Messaging (SMS/MMS) Requirements
Get express written consent
You must obtain prior express written consent before sending marketing SMS/MMS messages.
Acceptable opt-in methods include:
Selecting an unchecked checkbox on a signup form that includes required SMS disclosures
Texting a keyword (e.g., JOIN) to your registered number
Submitting a form that clearly states the user is signing up for recurring marketing text messages
Implied consent (for example, collecting a phone number at checkout without clear SMS/MMS marketing language) is not sufficient for marketing texts.
You may not purchase, rent, or use third-party lists for SMS marketing.
Identify your business
Every message must clearly identify your brand so recipients immediately know who is contacting them.
The sender name in the message must match the brand that collected consent.
Include opt-out instructions
Each marketing text must clearly explain how recipients can unsubscribe, for example:
Reply STOP to unsubscribe.
You must support standard opt-out and support keywords, including:
STOP
END
CANCEL
UNSUBSCRIBE
QUIT
HELP
Opt-out instructions must be clear and easy to understand.
Honor opt-outs immediately
If a recipient opts out, you must:
Stop sending marketing messages to that number immediately
Send a confirmation message confirming the unsubscribe
Not send any additional marketing messages unless the user opts back in
If a user resubscribes (e.g., replies START), you may resume messaging only after that new opt-in action.
Be clear and transparent
Marketing messages must not be deceptive, misleading, or omit material information.
At the time of signup, you must clearly disclose:
That the user is subscribing to recurring automated marketing messages
Message frequency (e.g., “Msg frequency varies”)
That message and data rates may apply
That consent is not required as a condition of purchase
Instructions to reply STOP to unsubscribe and HELP for help
A link to your Terms and Privacy Policy
Your sending frequency and content must align with what was disclosed at opt-in. Sending significantly more messages than expected may increase complaints and carrier filtering risk.
Compliant Opt-in Examples
Below are examples of compliant opt-in language for common collection methods.
These examples are for marketing SMS/MMS programs in the United States and Canada.
⚠️ Always consult your legal counsel to confirm compliance for your specific use case.
Opt-in Type | How it works | Requirements | Example |
Website/Landing Page Checkbox Opt-In | The user enters their phone number on a form and selects an unchecked checkbox agreeing to receive SMS marketing. | Checkbox must be unchecked by default
Consent language must appear next to the checkbox
Phone number field cannot be bundled with general terms consent | By entering your phone number and checking this box, you agree to receive recurring automated promotional and personalized marketing text messages (new events, promotions, discounts, etc) from [Brand] at the mobile number provided. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency varies. Reply HELP for help and STOP to cancel. View our Terms and Privacy Policy [link]. |
Keyword Opt-in | The user texts a keyword (e.g., JOIN) to your registered phone number to subscribe. | The promotional material advertising the keyword must include required disclosures
A confirmation message must be sent after the user opts in
The first reply message must restate key disclosures
| Example promotional language (where the keyword is advertised):
Text JOIN to [123-456-7890] to receive recurring automated marketing messages from [Brand]. Consent not required for purchase. Msg & data rates may apply. Msg frequency varies. Reply HELP for help, STOP to cancel.View our Terms and Privacy Policy [link].
Example confirmation message (sent after opt-in):
You’re subscribed to marketing messages from [Brand]. Msg frequency varies. Msg & data rates may apply. Reply HELP for help, STOP to cancel. |
Point-of-Sale (In-Person) Opt-In | A customer provides their phone number during checkout or in person and selects a clearly labeled SMS consent checkbox. | Checkbox must be unchecked by default
SMS consent must be separate from receipt or general marketing consent
Required disclosures must be visible at time of consent
You must retain timestamp, location, and (if applicable) employee record for audit purposes | By providing your phone number and checking this box, you agree to receive recurring automated marketing text messages from [Brand]. Consent is not a condition of purchase. Msg & data rates may apply. Msg frequency varies. Reply HELP for help, STOP to cancel. View our Terms and Privacy Policy [link]. |
Sending Best Practices (Carrier Requirements)
Mobile carriers monitor traffic for spam and abuse. Even if a message is legally compliant, it may still be filtered if it violates carrier rules.
To reduce filtering risk:
Maintain a consistent sending cadence
Avoid sudden spikes in volume
Avoid excessive emojis or ALL CAPS
Avoid URL-only messages
Use professional grammar and formatting
Do not use shared public URL shorteners
Consider double-opt in for higher risk content (ex. Alcohol)
Send during daytime hours
Hive automatically applies a branded shortener to text message links.
Large gaps in sending followed by sudden high-volume campaigns can increase filtering, opt-outs, and delivery issues.
Updating Your Mobile Terms & Privacy Policy
To support carrier compliance across all A2P messaging programs (short codes, toll-free, and 10DLC), your Mobile Terms should include the following disclosures:
Required Mobile Terms Disclosures
{Program name}
{Insert program description here; this is simply a brief description of the kinds of messages users can expect to receive when they opt in.}
You can cancel the SMS service at any time. Just text "STOP" to the short code. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at {support email address or toll-free number}.
Carriers are not liable for delayed or undelivered messages
As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
If you have any questions regarding privacy, please read our privacy policy: {link to privacy policy}
Privacy Policy Requirement
If your Privacy Policy references sharing personal information with third parties, include a clear disclosure such as:
Text messaging originator opt-in data and consent will not be shared with any third parties for any reason, excluding aggregators and providers of the Text Message services.
This language is required by carriers to ensure consumer opt-in data is not sold, rented, or shared for unrelated marketing purposes.
Restricted Categories
The following content categories are not permitted for SMS/MMS delivery through Hive due to legal and carrier restrictions.
⚠️ Some products may be legal in certain regions but are still prohibited by carrier policy.
Category | Examples |
Financial & Investment |
|
Lead Generation & Affiliate Marketing |
|
Gambling & Sweepstakes |
|
Controlled & Regulated Products |
|
Adult & Sensitive Content (S.H.A.F.T.) |
|
Alcohol and Age-Restricted Content
Alcohol is a heavily regulated category under U.S. and Canadian carrier policies and is listed as a prohibited category in Hive’s standard SMS and MMS Terms and Conditions.
Hive does not provide built-in age verification or age-gating functionality.
If a customer references alcohol in external marketing materials or operates a venue where alcohol is served, the customer is solely responsible for ensuring:
Legally required age verification is implemented on their website or landing pages
All federal, state, provincial, and local laws are followed
Any linked destination complies with age-restriction requirements
Hive does not control, validate, or monitor age verification processes inside or outside the platform.
Customers should consult legal counsel to determine whether age restrictions apply to their marketing activities.
How Hive Supports Compliance
Hive provides infrastructure to help support compliant messaging:
Built-in opt-out handling (STOP, HELP, START): Hive processes standard keywords and updates a contact’s SMS status when they unsubscribe or resubscribe, helping reduce compliance risk.
Automatic subscription status updates: Automatically updates a contact’s SMS subscription status based on their actions (e.g., opt-in, STOP, START), helping keep your lists accurate without manual management.
Consent tracking for subscribe/unsubscribe events: Records subscription status changes so you can reference opt-in and opt-out history for compliance documentation.
Sending restrictions (SMS can only be sent to opted-in contacts): Limits SMS sends to contacts with an active opt-in status, helping prevent messages from being sent to opted-out contacts.
Branded link shortening: Improve deliverability, reduce carrier filtering risk, and increase recipient trust in your messages.
Customers remain responsible for ensuring their SMS programs comply with all applicable laws and regulations.
Text Messaging Compliance Checklist
Before launching an SMS/MMS campaign, confirm:
You have documented express written consent
Your opt-in language includes required disclosures
Your brand name appears in each message
STOP/HELP opt-out appears in each message
Message frequency matches what was disclosed
You are not promoting restricted content
Linked destinations comply with applicable legal requirements
Your Privacy Policy includes a section around Messaging Consent
Your Terms and Conditions include a section around Messaging
Customers remain responsible for ensuring their SMS programs comply with all applicable laws and regulations.
⚠️ This article is for informational purposes only and does not constitute legal advice. Consult your legal counsel for guidance specific to your business.
Learn More
Canada (CASL): CRTC - CASL
USA (TCPA): FCC - TCPA
USA (CTIA): CTIA
FTC Guidelines: FTC - Text Messaging Guidance
Reach out to support@hive.co with any questions.