Dutchie’s SMS marketing tools now use a double opt-in process. This means that when a customer provides their phone number to receive text messages, they’ll receive an automated confirmation text asking them to reply YES before they’re added to your active SMS list.
This change helps you stay compliant with SMS marketing regulations, which require documented written consent and, gives you a clear, automatic paper trail for every subscriber.
Why this matters
SMS marketing requires documented written consent. A consumer’s reply YES to a confirmation text counts as documented written consent, whereas a verbal agreement at the register does not provide the same level of documentation.
How it works: New subscribers
When a customer opts in to receive SMS messages. For example, at the point of sale or during check-in, here’s what happens:
- The customer provides their phone number and agrees to receive texts at the register or check-in.
- Dutchie automatically sends them a confirmation text message.
- The customer replies YES (or Y) to confirm.
- Their confirmation is logged as documented written consent and they’re added to your active SMS list.
The confirmation text looks like this:
Reply Yes to stay connected to [Your Store Name] and hear about what’s new. Msg & data rates may apply. Reply STOP to opt out. Msg frequency varies.
If a customer does not reply YES, they will not be added to your active list. Customers can always opt out at any time by replying STOP.
Re-confirming existing subscribers
We have enabled the double opt-in feature for you to re-confirm consent for your existing SMS subscribers. Here’s why:
- In-store enrollment can be inconsistent; different staff, different locations, different days.
- This feature ensures every customer on your list has documented written consent with a consistent paper trail.
- It reduces your compliance risk and improves engagement by keeping only customers who actively want to hear from you.
What happens during re-confirmation
When Dutchie triggers re-confirmation for existing subscribers, Dutchie sends each of them a text message. Until they reply YES, they are temporarily paused from receiving campaign messages. Once they confirm, they’re restored to your active list.
Example re-confirmation message:
You previously opted into [Store Name] Loyalty. If you want to continue receiving text messages, reply Y or YES to continue. Msg & data rates may apply. Reply STOP to opt out. Msg frequency varies.
Note on List Size
Re-confirmation will temporarily reduce your active SMS list as customers respond. This is expected and intentional; it ensures your list reflects customers with confirmed, documented consent, which improves deliverability and engagement over time.
Billing
Re-confirmation messages sent to your existing verbal-consent subscribers: No additional charge. Dutchie is covering this cost.
New subscriber opt-in confirmations going forward: Included in your standard monthly billing.
Frequently asked questions
Do I have to use double opt-in?
We strongly recommend it. Ensuring you have documented written consent for SMS marketing is your responsibility as the sender. Double opt-in is the most reliable way to achieve that.
What if my customers don’t reply YES?
Customers who don’t confirm won’t be on your active SMS list. They can still opt in again at any time through the normal flow.
Can I still collect opt-ins at the register?
Yes. Staff can continue to collect opt-ins at the point of sale. The system will automatically send the confirmation text from there.
Will my list shrink after re-confirmation?
Potentially, yes. Customers who don’t reply YES will be paused from your list. This is by design — a smaller, confirmed list typically performs better and carries less compliance risk.
Is re-confirmation required?
It is strongly recommended. Ensuring documented written consent is your responsibility as the sender. This feature is the easiest way to ensure you’re covered.
Don't like this method? Here's an additional option
If you prefer not to use the automated register opt-in flows, you can utilize the Stand-alone Loyalty Signup Form to capture written consent from your customers. This method is often preferred for compliance audits as it provides a clear, timestamped record of the customer’s agreement to receive marketing texts.
Why use this method?
- Written Consent: The form includes specific legal language where the customer explicitly agrees to receive SMS messages.
- Compliance Documentation: Every signup via the web form is logged, providing a digital paper trail of consent.
How to set up the QR Code for in-store opt-ins:
- Locate your Signup Form URL: Navigate to Dutchie E-commerce Admin. All Locations > Settings > Enrollment.
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Generate and Download the QR Code:
- Use the Download QR Code button
- From here, you can use this QR code to create a physical asset of your own design that you can use at the register.
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Place in a Conspicuous Space: To ensure consent is considered "conspicuous" by regulators:
- Print the QR code on signage near your registers, in the waiting area, or on window clings.
- Pro-tip: Include a brief call-to-action like "Scan to join our Loyalty program and get exclusive SMS deals!"
- Customer Experience: When a customer scans the code, they will be taken to a mobile-friendly page to enter their information. By checking the SMS opt-in box on this form, they are providing the necessary written consent to be added to your SMS marketing lists.
Key Compliance Reminder
When using the QR code method, ensure that the signage near the QR code or the form itself clearly states that "Message and data rates may apply" and that "Consent is not a condition of purchase." This ensures your in-store marketing aligns with 10DLC (A2P) regulations.
Need more help?
If you have questions about setting up double opt-in, running re-confirmation for your subscriber list, or understanding how this affects your billing, contact your Customer Success Manager or reach out to Dutchie Support.