Introduction
With the rise of SMS marketing, businesses must adhere to strict regulatory requirements to avoid hefty fines and maintain customer trust. Many regions, including the United States, Canada, the European Union, and Australia, have specific SMS marketing laws that require brands to obtain explicit consent and provide clear opt-out options.
Klaviyo SMS compliance is essential for e-commerce brands leveraging text messaging to engage customers. In this guide, we’ll walk you through how to set up SMS marketing legally in Klaviyo, follow key compliance regulations, and avoid SMS fines while maximizing engagement.
How Do I Handle SMS Compliance and Avoid Fines?
To ensure Klaviyo SMS compliance, businesses must:
Obtain explicit consent before sending marketing messages.
Include opt-out instructions in every SMS.
Follow time restrictions for sending messages.
Segment subscribers based on compliance rules for different countries.
Maintain records of consent to prevent legal issues.
Failure to comply with SMS marketing laws in Klaviyo can lead to fines from the TCPA, GDPR, CCPA, and other regulatory bodies.
Step-by-Step Guide to Klaviyo SMS Compliance
1. Enable SMS Compliance in Klaviyo
To activate Klaviyo SMS marketing, follow these steps:
Log in to Klaviyo at www.klaviyo.com.
Navigate to Account Settings > SMS & MMS.
Click Enable SMS Compliance Settings.
Choose your region (e.g., U.S., Canada, EU) to apply the correct compliance standards.
This ensures Klaviyo automatically applies necessary legal disclaimers and opt-out messaging.
2. Collect Explicit SMS Consent
a. Use a Compliant Signup Form
Go to Lists & Segments > Signup Forms.
Click Create Signup Form.
Select SMS & Email Capture to collect both email and SMS consent.
Add checkboxes for explicit consent with wording like:
“By providing your phone number, you agree to receive marketing text messages from [Brand Name] at the number provided. Consent is not a condition of purchase. Reply STOP to opt out. Message & data rates may apply.”
Click Save & Publish to activate the form.
3. Add Opt-Out Messaging to SMS Campaigns
Every marketing SMS must contain clear opt-out instructions:
In Klaviyo, go to Campaigns > Create SMS Campaign.
In the message field, include:
“Reply STOP to unsubscribe.”
Klaviyo automatically tracks opt-outs and suppresses contacts who reply STOP.
4. Segment Contacts Based on SMS Compliance Rules
Certain countries have different SMS marketing laws, so segmentation is critical.
a. Create a Segment for U.S. SMS Subscribers
Go to Lists & Segments > Create Segment.
Select Properties about someone > SMS Consent > is True.
Add a condition: Country equals United States.
Save as U.S. SMS Subscribers.
b. Create a Segment for Canadian SMS Subscribers (CASL Compliance)
Properties about someone > SMS Consent > is True.
Add a condition: Country equals Canada.
Save as Canadian SMS Subscribers.
This ensures compliance with TCPA (U.S.) and CASL (Canada) regulations.
5. Follow SMS Marketing Laws in Key Regions
Region | Key SMS Compliance Rules | Legal Authority |
United States | Must have prior express written consent; No sending before 8 AM or after 9 PM (local time). | TCPA (Telephone Consumer Protection Act) |
Canada | Requires explicit consent; Opt-in records must be stored for six years. | CASL (Canada’s Anti-Spam Legislation) |
European Union | Requires GDPR compliance; Users must actively opt-in before receiving SMS. | GDPR (General Data Protection Regulation) |
Australia | SMS messages must include business identification and an unsubscribe option. | Spam Act 2003 |
6. Maintain SMS Compliance Documentation
Store consent records for all SMS subscribers.
Track opt-ins and opt-outs in Klaviyo’s SMS Analytics.
Monitor delivery rates to detect compliance issues.
Best Practices for Klaviyo SMS Compliance
1. Only Send SMS to Engaged Subscribers
Avoid sending messages to inactive subscribers to prevent spam complaints.
2. Limit SMS Frequency to Avoid Customer Fatigue
The ideal frequency for SMS marketing is 2-4 messages per month.
3. Avoid Using Abbreviations or Spam Triggers
Phrases like “FREE MONEY” or “URGENT” can flag messages as spam.
4. Monitor Compliance Metrics in Klaviyo
Go to Analytics > SMS Performance Dashboard to review:
Delivery Rates
Opt-Out Rates
Complaint Reports
Common Mistakes That Lead to SMS Fines
🚫 Sending SMS Without Clear Consent – This violates TCPA and GDPR rules.
🚫 Not Including Opt-Out Instructions – Always include “Reply STOP to opt-out” in messages.
🚫 Sending SMS at Inappropriate Times – SMS should only be sent between 8 AM and 9 PM (local time).
🚫 Using a Purchased List – SMS lists must be organic; never buy phone numbers.
🚫 Failing to Store Opt-In Records – Always keep proof of consent in case of a compliance audit.
Conclusion
Klaviyo SMS compliance is essential to avoid regulatory fines and ensure trustworthy marketing practices. By collecting explicit consent, including opt-out options, and following regional SMS laws, businesses can leverage SMS marketing while maintaining compliance.
📩 If you’re unsure how to navigate SMS marketing laws in Klaviyo, let’s talk.
At Dispatch, we help brands maximize revenue from email & SMS without violating compliance regulations.
👉 Connect with Dispatch today to optimize your Klaviyo SMS strategy.
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