SMS Marketing Opt Ins for Giveaways
Hi everyone! I work for a small business that often will do in person events where they want to entice people to consent to their sms database by entering into a giveaway.
I know SMS consent laws are tricky and get trickier when it comes to giveaways. There is no purchase required for these giveaways, but the idea is they are giving their information in exchange for entry to this giveaway. Is that logic legal? Does the consent have to be separate from the giveaway entry and you just hope they do both?
When I look it up, the FCC says “the person is not required to sign the agreement as a condition of purchasing any property, goods or services.” There is no purchase required, but I can’t find anything that relates solely to sms consent which makes me think it might be a non-issue.
What do the big companies do? Like if Nike or Lululemon had an in person event and wanted to collect SMS consent, what would their strategy be?
Appreciate all the help! If there is a certain protocol to follow, then I’ll need to show proof to my boss either way to make sure everyone is on the same page.
Edit to add: I’m in the US!