How to Collect Recipient Consent Before Sending SMS Notifications

Who collects SMS consent?

The sender is responsible for collecting consent from the recipient before sending SMS notifications through SignWell.

By enabling SMS for a recipient, you confirm that you already have permission to send that recipient text messages related to the document.

You should not send SMS notifications to a recipient unless they have clearly agreed to receive them.

What SMS consent must include

When collecting consent, make sure the recipient understands:

• who is sending the text messages;
• that the messages are related to a document sent through SignWell;
• the types of messages they may receive, such as signing requests, reminders, and completion notifications;
• that message frequency may vary depending on the document workflow;
• that message and data rates may apply;
• that they can opt out at any time by replying STOP;
• that default method of delivery is email only.

Consent should be clear, optional, and not hidden inside general terms only. If you collect consent through a form, the SMS consent checkbox should not be preselected.

Approved methods for collecting required SMS consent 

SMS consent is required before any SMS notification is sent through SignWell. You may use one of the approved methods below to collect consent, but SMS must not be enabled for a recipient unless consent has already been collected.

Approved method 1: Ask the recipient directly before sending SMS

This works well when you are manually preparing and sending a document.

Before sending the document by SMS, contact the recipient through another channel, such as email, phone, in-person conversation, chat, or an existing customer communication channel.

You can use wording like this:

Hi [Recipient Name],

[Company Name] would like to send you text message notifications through SignWell for the document “[Document Name].” These messages may include a signing link, signing reminders, and a completed document notification. Message frequency may vary, and message/data rates may apply.

SMS is optional. You can receive and sign the document by email instead. You can also opt out of text messages at any time by replying STOP.

Do you agree to receive SMS notifications from [Company Name] through SignWell for this document? Please reply YES to agree or NO if you prefer email only.

Only send the SMS request if the recipient clearly agrees.

If the recipient says no, does not respond, or asks to use email, send the document by email only.

Approved method 2: Collect consent through your own form or workflow

This option is useful for automated workflows, API sends, embedded workflows, intake forms, customer portals, booking forms, lead forms, onboarding flows, or simple form submissions.

Before triggering SMS through SignWell, your form should clearly ask for SMS consent.

Example checkbox language:

I agree to receive text message notifications from [Company Name] through SignWell about documents I need to review, sign, or receive. These messages may include signing links, reminders, and completed document notifications. Message frequency may vary. Message and data rates may apply. I can opt out at any time by replying STOP. SMS is optional, and I can receive/sign documents by email instead.

[ ] I agree to receive SMS notifications.

The checkbox should be optional and should not be preselected.

If the recipient does not check the SMS consent box, do not send SMS notifications. Use email delivery instead.

Approved method 3: Collect consent in a signed agreement or customer onboarding flow

You may also collect consent as part of a broader customer agreement, onboarding process, or service intake flow, as long as SMS consent is clearly stated and the recipient actively agrees.

Example language:

By selecting this option, I agree to receive text message notifications from [Company Name] through SignWell related to documents I need to review, sign, or receive. These messages may include signing requests, reminders, and completed document notifications. Message frequency may vary. Message and data rates may apply. I can opt out at any time by replying STOP. SMS is optional, and I can receive/sign documents by email instead.

Do not rely only on a general terms-and-conditions statement unless the recipient is clearly shown the SMS consent language and actively agrees.

These methods are not optional steps for SMS delivery. They are approved ways to complete the required consent process. If none of these consent methods has been completed for a recipient, SMS must not be sent and email-only delivery must be used instead.

What consent records should you keep?

You should keep a record showing how and when the recipient agreed to receive SMS notifications.

Depending on your workflow, this may include:

• recipient name;
• recipient phone number;
• date and time of consent;
• consent method, such as email reply, form checkbox, phone call, signed agreement, or portal submission;
• the consent language shown to the recipient;
• IP address, user ID, form submission ID, or audit record if consent was collected online;
• the document, transaction, or customer relationship the consent applies to.

SignWell may ask you to confirm that consent was collected before SMS was sent.

Sending SMS through the SignWell API

If you use the SignWell API or an automated workflow, you must collect recipient consent before passing SMS delivery instructions to SignWell.

Your application should only enable SMS for a recipient after your system has captured valid consent.

Recommended API workflow:

1. Show SMS consent language in your own form, portal, or customer workflow.
2. Require the recipient to actively agree before SMS is enabled.
3. Store the consent record in your system.
4. Send the document through SignWell with SMS enabled only for recipients who opted in.
5. Use email-only delivery for recipients who did not opt in.

Do not automatically enable SMS just because a recipient provided a phone number. A phone number alone is not SMS consent.

Opting out of SMS

Recipients can opt out of SignWell SMS notifications by replying STOP.

After a recipient opts out, they should not receive further SMS notifications through SignWell unless they opt back in where supported.

If a recipient opts out or tells you they no longer want SMS messages, use email delivery instead.

Important rules for senders

Before using SMS notifications in SignWell:

• Do collect clear consent before sending SMS.
• Do make SMS optional.
• Do give the recipient an email-only option.
• Do keep proof of consent.
• Do use clear consent language in forms and automated workflows.
• Do not use SMS for marketing or promotional messages.
• Do not send SMS only because you have the recipient’s phone number.
• Do not use preselected checkboxes for SMS consent.
• Do not send SMS if the recipient declined, opted out, or did not respond.
• Do not customize SignWell SMS messages for unrelated content.

Example SMS messages sent through SignWell

SignWell controls SMS templates. Customers cannot edit SMS messages for marketing or unrelated content.

Example signing request:

SignWell: You agreed to receive SMS notifications from [Company Name] related to “[Document Name].” Reply STOP to opt out. Review and sign: [Signing Link]

Example signing reminder:

SignWell: Reminder from [Company Name] to sign “[Document Name].” Reply STOP to opt out. Sign here: [Signing Link]

Example completed document notification:

SignWell: “[Document Name]” is complete. Reply STOP to opt out. View: [Completed Document Link]

By following this process, you confirm that the signer has clearly agreed to receive SMS notifications related to their signature request through SignWell. This keeps the experience transparent for the recipient and supports compliance with applicable SMS consent requirements.

SMS should only be used for document-related notifications, and recipients must be able to opt out at any time by replying STOP.