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Can you require Double Opt In for Email but not SMS?

  • 10 July 2021
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For my main list of contacts I had “Double Opt In” enabled - I noticed that a contact did not confirm via email for double opt in, so he was never added to my main list or my “Person is consented to receive SMS” segment. I removed double opt in so now anyone that fills out my form and has phone included will be added both to my main list and SMS segment. Ideally I would like it so that I can just require double opt in for emails, and single opt in for sms. Is there any way to do this?

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Best answer by Manny Singh 11 July 2021, 05:48

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Not sure if there’s a way to do it, but I’d recommend not doing it that way.  For legal reasons and for keeping your list clean reasons. 

 

Here’s a snippet from the Guide To Collecting SMS Consent Article - someone could put another person’s number if the double opt-in isn’t there.  You’d be sending texts to someone who didn’t really sign up and if they report it, can be up to $1,500 per infraction (I believe).  Plus you don’t want to be wasting your efforts on someone who couldn’t take the effort to type “YES” in a text response.

 

Please note that if the list the form submits to is double opt-in (which all Klaviyo lists are by default), the subscriber can confirm their subscription by text for both text and email consent, but if they do so by email, they will only be opted into email.

Double opt-in prevents visitors from inputting invalid phone numbers or submitting a number on behalf of someone else without their consent. When someone confirms their subscription by texting back "YES," their consent timestamp will be updated.

 

From the article SMS Compliance Laws:

Consent must be obtained in writing via a physically signed agreement, a digitally signed agreement, or most commonly, an SMS opt-in. An opt-in text message is one in which the user provides you with their number with the understanding that they will receive text messages. During this process, you then send them a text message to confirm that their number is real and that they consent to receive future text messages from your business. 

Userlevel 7
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Hello @LOKE,

At this time if you were using a single form to collect both Email an SMS consent, there would not be a method to distinguish and offer users only double opt-in for email and single opt-in for SMS consent. This would be accomplishable if you used two separate signup forms, one to collect email consent and another to collect sms consent with each of these forms linked to different lists. 

However, I do agree with @Mailbox Manny that utilizing double opt-in for SMS consent purposes is highly recommended. For other options and to learn more about collecting SMS consent, I would recommend taking a look at the Guide to Collecting SMS Consent article Klaviyo offers that Manny had highlighted previously.

I hope this helps!

David

Hi,

I had some use cases from our application that integrates with Klaviyo through APIs, and I’m still thinking why we can’t really have different consent settings for different opt-ins. If we think about the other way around, enabling double opt-in for SMS and single opt-in for email, would the brand/company still be violating an infraction?

I understand that single opt-ins can lead to email addresses bouncing and users inputing another person’s email address, but is there any specific reason why this isn’t allowed or it is just how this feature was designed initially? 

In some of our customers use cases, they basically want to be able to subscribe a profile with email and phone numbers to the same list, and collect consent individually for phone number and email to be able to subscribe one, both or none of the opt-ins. In addition to that, they really don’t care much about emails bouncing or if the user is providing another person’s email address, since email verification is already done when the user sign-up to create an account. In this case since the user is already verified on their end, why would they need to have double opt-in enabled for the email?

 

Thanks in advance for helping out with this question! I’d love to share Klaviyo’s perception on this matter!  

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Hey @gleme! Great question. To clarify, though, double opt-in is not a legal requirement. It’s perfectly acceptable to use single opt-in if you want to. Industry standard is recommended to use double opt-in for all the reasons discussed above, but in short, it mitigates any chance of any legal or operational health issues later.

 

The reason you can’t have different opt-in settings on the same form is because the one form can’t be associated with multiple lists. Since you can’t have two opposing settings on the same list, of course, it’s not possible to have both single and double opt-in enabled on one list. The way around this would be creating two different lists, one email and one SMS, with your preferred opt-in settings. 

 

they really don’t care much about emails bouncing or if the user is providing another person’s email address, since email verification is already done when the user sign-up to create an account. In this case since the user is already verified on their end, why would they need to have double opt-in enabled for the email?

In this example, specifically, don’t forget creating an account with an email address is not the same as consenting to receive marketing communications, even from the same company. Though you should definitely care about your bounce rate because even valid emails can bounce for a lot of reasons, the bigger point here is unless your client’s customers have explicitly consented to receive marketing they should not be assuming account creation as that consent. 

 

Let me know if that helps clear things up! :)

 

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