Texting customers about orders: consent basics

The sofa is ready, so the store sends a text. The Memorial Day promotion is ready, so the store sends another. Both go to the number on the order. Only the first follows directly from the customer's purchase.

A delivery update and a sales message need different treatment. Build the texting process around the purpose of the message, the permission behind it, and what happens when the customer asks the store to stop. The number in the customer record doesn't answer those questions by itself.

General information, not legal advice.

Separate order information from advertising

An order confirmation, delivery arrangement, or payment reminder concerns an existing transaction. A sale announcement or invitation to buy another piece promotes business. A text that combines both needs review as a mixed message, not automatic treatment as an order update.

For US texts sent using technology covered by the TCPA, 47 CFR 64.1200(a) generally requires prior express consent for covered nonmarketing texts to mobile numbers and prior express written consent for advertising or telemarketing texts, subject to the rule's exceptions. The legal question includes both content and sending technology; “transactional” is not a universal exemption.

Carrier and provider requirements also matter. CTIA's messaging principles, an industry standard rather than a statute, distinguish conversational, informational, and promotional messaging. They call for permission tied to the purpose and treat added promotional content as significant.

Say a sample message reads, “Your sofa is ready for collection. While you're here, save on our dining sale.” The first sentence reports the order; the second advertises another purchase. Remove the promotion from the order update and send it only through the store's separately approved marketing program.

Ask for permission the customer can understand

At the point of sale, explain what the store wants to text: order progress, collection notices, or another clearly described purpose. Keep the promotion choice separate. An empty checkbox or another deliberate action gives the customer an actual choice; a preselected box doesn't communicate one clearly.

Written consent is not the universal federal standard for every informational text. Where prior express consent is sufficient, the store still benefits from a record that shows what the customer agreed to. Where marketing requires express written consent, use the proper disclosure and agreement process instead of relying on a handwritten “texts OK” note.

Keep these facts together in the consent record:

Use a copy of the signed form or electronic consent record where appropriate. A short profile note can help staff find it, but the note should point to the evidence rather than replace it. See the customer-data guide for the wider record-handling questions.

Make STOP result in stopped messages

An opt-out needs to change what the sending system does. Staff should recognize ordinary requests to stop, route them to the person responsible, and record the action. A customer shouldn't have to guess the store's preferred capitalization.

The FCC's consent-revocation rules implemented April 11, 2025 require covered requests to be honored within a reasonable time, no longer than 10 business days. The 2024 FCC order explains reasonable methods and permits a single nonmarketing confirmation text, with a presumption for confirmations sent within five minutes. An April 7, 2025 order separately delayed the cross-subject revocation provision; it did not postpone the other consent-revocation duties.

Treat the outer legal deadline as a limit, not the store's target. Stop sends promptly and establish how requests received by phone, email, or a staff member reach the person managing the texting system. Repeatedly sending “just one more order update” can defeat the customer's request.

Twilio's Advanced Opt-Out documentation describes provider blocking, confirmation messages, and notification to the connected application. The exact behavior depends on the configured sending service. Test that complete setup, including suppression of later messages, instead of assuming a confirmation proves every connected list changed.

A marketing opt-out shouldn't leave the customer unable to arrange delivery. Keep a working email, phone, or portal route for necessary service. Don't use that service obligation as a reason to bypass a text opt-out or move the customer to another sending number.

Apply the Canadian distinction accurately

Canada's anti-spam law also distinguishes message purposes. Under CASL section 6(6), a message solely facilitating, completing, or confirming an agreed transaction can be exempt from the consent requirement. A requested quote and certain warranty information also have specified exceptions.

That is an exception to consent, not to the whole law. Covered transactional messages still need sender identification and an unsubscribe mechanism under sections 6(1)(b) and 6(2). Section 11 requires unsubscribe requests to take effect without delay and within 10 business days.

Adding a promotion can remove the “solely” transactional basis. The store then needs to assess the commercial message's consent requirements, including whether valid express or implied consent exists. Don't treat the customer's purchase as permission without considering the actual rule.

The Canadian government's texting guidance explains that CASL applies across technologies and that offering STOP is insufficient unless the request is honored. Identify the store clearly and keep the order reference useful.

Keep the same distinction in email

US commercial email has a different framework under CAN-SPAM. The FTC's primary-purpose rule distinguishes transactional or relationship messages from messages whose primary purpose is commercial promotion. Subject lines and the placement of promotional content can affect the result.

Don't copy a texting rule onto email or assume an email subscription authorizes SMS. In Canada, CASL is technology-neutral, so the purpose and statutory requirements matter for both channels. The practical starting point stays the same: keep the order message about the order and manage marketing separately.

Use OrderPilot for the order conversation

OrderPilot can send fixed status texts for the events the store enables, with SMS configured and switched on. Choose the available template carefully and keep the detailed explanation in the order email or customer portal. The text should lead to a useful next action. On plans with customer profiles, a custom field can record the customer's stated texting preference and the date, with a reference to the consent record. It is information for staff, not an automatic consent-management system or a promise that a preference field changes every send. Keep promotional texting in the marketing tool that holds its own permissions and suppression records. For everyday channel choices, use the text-or-email guide. The customer may enjoy choosing between oatmeal and flax upholstery; choosing which inbox contains the real answer is less charming.

Give the team a short pre-send checklist

Use this checklist when setting up or changing the store's texting program:

1. Name the purpose: order information or promotion.
2. Identify the jurisdiction and sending technology.
3. Use the consent process that purpose requires.
4. Keep the evidence and later preference changes.
5. Identify the store and give a working contact route.
6. Test opt-outs through the provider and the store's process.
7. Keep messages within sensible local hours and provide another service channel.

Check with your attorney about the store's program, including state rules, mixed messages, and revocation scope. Then make the approved process part of staff training and the order-stage message plan.

Sources

1. 47 CFR 64.1200: Delivery restrictions — Federal Communications Commission regulation, Cornell Legal Information Institute.
2. FCC 24-24: Consent and revocation order — Federal Communications Commission, February 16, 2024.
3. DA 25-312: Limited waiver — Federal Communications Commission, April 7, 2025.
4. Canada's anti-spam legislation, sections 6 and 11 — Department of Justice Canada, S.C. 2010, c. 23.
5. Messaging principles and best practices — CTIA, May 2023; industry guidance.
6. Texting for good client relations — Innovation, Science and Economic Development Canada, March 26, 2025.
7. 16 CFR 316.3: Primary purpose of an electronic mail message — Federal Trade Commission regulation, Cornell Legal Information Institute.
8. Advanced Opt-Out — Twilio provider documentation.