@michelle-brnt, the fact that you’re asking about compliance before you’ve collected a single number already puts you ahead of most people.
I’ll give you the full picture.
First, reframe what you’re doing
You’re not “collecting phone numbers.” You’re getting express written consent from a real person to send them commercial texts. That distinction changes how you design every opt-in touchpoint. When you think of it as consent, you naturally write better copy, give better incentives, and build more trust, and those things also convert better.
Two consent types exist. Express written consent is required for promotional messages; the subscriber explicitly opts in via a form, checkbox, or keyword. Implied consent (from an existing transaction) only covers things like order confirmations. Don’t rely on it for marketing messages, even in jurisdictions that technically allow it.
Your website is where most numbers will come from
Having monthly visitors is your biggest asset right now, but it’s doing nothing for SMS yet. Five channels are worth your attention:
- Checkout opt-in. This is the most underused method in e-commerce, and it’s not close. Your customer is already typing in their phone number for shipping updates, their wallet is open, and purchase intent is at its highest. Klaviyo’s Shopify integration handles this natively. The checkbox must be unchecked by default. That’s a legal requirement in most jurisdictions, and the right approach regardless.
- Exit-intent and timed popups. A well-built SMS popup can convert visitors. The offer has to be worth something; “subscribe for updates” gets ignored. “Get 15% off plus early access to restocks” gives someone an actual reason to hand over their number.
- Embedded footer forms. A static, always-visible form in your footer won’t hit popup conversion rates, but it’s always there. Low effort, low friction, adds up over months.
- Dedicated sign-up landing page. Create a landing page that actually sells the value of your SMS list: what subscribers get, how often you text, and what kind of deals. Drive traffic from email, Instagram bio, and paid social.
Your email list is worth more than you think here
8,000 subscribers who already trust your brand. That’s a real head start!! A focused SMS acquisition campaign on that list can move a great amount of them to SMS.
The sequence that works: Email 1 introduces the SMS program with an offer they genuinely can’t get anywhere else. Email 2 goes out three days later with social proof and a deadline. Email 3 is the last-chance send. Don’t link to your homepage; send them to a landing page built specifically for the SMS opt-in. The conversion difference between those two destinations is significant.
I THINK IT’S REALLY IMPORTANT: Don’t import phone numbers you collected for other purposes. A customer who gave you their number at checkout for shipping notifications didn’t consent to promotional texts. Legally and ethically, that consent doesn’t transfer. Always collect fresh, specific SMS consent, every time!!
Free vs. paid - the honest version
Most of what I just described costs nothing beyond your existing subscriptions. Checkout opt-in is free. Footer forms and landing pages cost zero to build.
Where paid spend actually pays off: running Meta or TikTok ads to a dedicated SMS sign-up page. With a strong offer, you can acquire subscribers for $0.50–$1.50 each. 