SMS messages

Receiving Consent To Send Messages At Checkout

Note: You must ensure you’ve added and updated your Terms of Service and Privacy Policy before you implement these suggested changes to your checkout. These model agreements may help you do this.

As outlined in this introduction to SMS & MMS Marketing Compliance, consumers must provide “express written consent” before you can send them marketing communications via SMS. In this article, you’ll learn how to get full consent from your customers during the checkout process. There are three steps involved as detailed below:

  1. Clearly request that your customer sign up to receive marketing communications.
  2. Explain what this means for your customer - that they will receive text messages from you in a TCPA-compliant manner. They must acknowledge and agree: (a) to receive automated, recurring marketing messages to their mobile phone number; (b) that this may entail the use of an automatic telephone dialing system (“ATDS”), and (c) that consenting to receive your marketing messages is not a condition of purchase.
  3. Ask for the customer’s phone number so that they may receive your text messages.

In the first instance, you’ll need to arrange for your marketing sign-up option to be shown at checkout. To do this, visit: Settings > Checkout and scroll down to find Email Marketing.

Ensure that Show a sign-up option at checkout is checked and that the Preselect the sign-up option isn’t checked. See the screenshot below.


checkout email marketing for shopify customer

Save your changes by clicking the Save button located at the top of this page.

The next step is to alter the checkout language to state that you will be sending marketing text messages. Visit: Settings > Checkout and then scroll down to the Checkout language area. Click on Manage checkout language.


Manage checkout languahe in shopify

Scroll down until you find Checkout marketing. In the field labeled Accept marketing checkbox label, copy the text below and paste it into the box where prompted:

Keep me up to date on news and exclusive offers*


Accept markering in shopify checkout

Save the changes by clicking the Save button at the top of that page.

Next, set up a field to collect the customer’s phone number. Go to Settings > Checkout and find the Form options section. Change the Shipping address phone number to Optional. Then, save the changes by clicking the Save button at the top of that page.


Sipping address phone number shopify checkout

Now add a SMS-specific label to the phone field (to further confirm consent).

Go to Settings > Checkout and scroll down to the Checkout language section. Press the Manage checkout language button.


manage checkout language in shopify

Search for Checkout contact section. In the fields called Option phone label and Phone placeholder, paste the following:

Phone - exclusive offers (per checkbox above)


Checkout contact phone number

Now you’ll add the details of their text message consent in a footer. At this point you should have a Terms of Service agreement on your site that includes our SMS terms language- please add one using our template if you do not yet have one.

Search for “Terms of service” in the Checkout shop policies section, and paste in the following text:

*I agree to receive recurring automated text messages at the phone number provided. Consent is not a condition to purchase. Msg & data rates may apply. Reply STOP to unsubscribe. Click to view our Terms of Service.


Shopify checkout shop policies

Then save the changes by clicking the Save button at the top of that page.

Here is an example of how a checkout looks after all of these steps are taken:


Shopify Tobi demo store checkout

SMS and MMS marketing compliance - overview

We’ve put together a number of resources to help Shopify store owners comply with U.S. law and regulations with respect to their SMS and MMS marketing campaigns. Those regulations include the Telecommunications Consumer Protection Act (TCPA).

Before using Tobi AI Ltd. to send SMS and MMS campaigns to your Shopify subscribers, you should:

  • Check out, understand and intend to comply with all applicable legislation from the TCPA and the guidelines set out by the CITA to do with sending marketing communications by text message.
  • Include a section within your Shopify store’s terms and conditions and privacy policy setting out the details of how you use Firepush Ltd. to carry out SMS/MMS marketing campaigns.
  • Obtain the necessary marketing consents in writing from each of your subscribers so that you can legally send SMS/MMS marketing campaigns to them.

The rest of this guide explains in more detail how you can achieve legislative compliance.

Compliance with SMS and MMS marketing regulations

The Telecommunications Consumer Protection Act (TCPA) sets out how companies in the U.S. can legally contact their customers/subscribers through SMS and MMS messages. Text messages are classed as being similar to phone calls and were pulled into TCPA legislation back in 2012.

You are responsible for reading and understanding the required TCPA regulations and you must comply with these regulations when using Firepush Ltd. to send SMS/MMS campaigns to your customers/subscribers.

We suggest that you take some time to go through the applicable TCPA laws, as well as the CTIA guidelines for SMS marketing to familiarize yourself with what you should and shouldn’t be doing in relation to text message marketing.

Key information to know at a glance:

To be compliant with the TCPA, you must receive prior express written consent from your customers before sending them automated SMS marketing messages. You must also respect their right not to receive unsolicited texts for marketing purposes.

You can gather consent electronically and you must keep a record of each and every consent so that you can provide it if needed before federal law. It’s your responsibility to keep the record of consent (not the customer/subscriber’s).

The consent you receive must be explicit in terms of the customer’s wish to receive recurring marketing messages directly to their phone number. You must also get explicit consent indicating that the customer understands that consent isn’t a condition of purchase and that your messages may involve the use of an automatic telephone dialing system (ATDS).

The CTIA isn’t federal law. However, the CTIA promotes the wireless communications industry’s best practices which are approved by the nation’s wireless carriers and are designed to protect consumers.

You should follow these best practices, which you can learn about in the CTIA’s Short Code Monitoring Handbook and Messaging Principles and Best Practices document. These guides may change over time, so be sure to check periodically to see whether an updated version has been released.

How do I get a refund?

We hope you are satisfied with Firepush, but if for any reason you want a refund, you will need to approach the Shopify support team.

Send Shopify support as much information as possible, including the app concerned and how much you want to be refunded.

They will open a support ticket and email us to request approval.

If all the information is correct, we will approve the request.

Shopify support then send the request to the Shopify finance department, who issue the refund.

All billing goes through Shopify, which means we don’t have direct access to the Shopify refund system.


SMS Refund

We only provide refunds on amounts higher than 20 USD.

We get charged when we connect the customer to the SMS service, so we only refund bought credits like this: Bought credits = 20 USD.

In this case both amounts cancel each other out (20-20=0), so there is no refund.

You can always retrieve and use credits currently in your account

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