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04.03 Audit opt-outs and consent before anyone gets a message

04.03

Audit opt-outs and consent before anyone gets a message

Build a suppression list from DND and unsubscribe flags, record where each contact's consent came from, and decide which channel each person may receive.

45 minNeeds verificationChecked 2026-10-20

Video walkthrough

Coming soonWho you may text, email and call (and who you may not)
It will cover
  1. Text, email and calls follow three different rulebooks
  2. Finding every opt-out: HighLevel DND filters and Follow Up Boss orange flags
  3. Consent source: the one field that answers 'how did you get my number?'
  4. National Do Not Call: when a scrub is required for your own database
  5. The permission matrix that decides each contact's channel
This chapter is complete without it. Every step is written out on this page.

What you're building

Two Smart Lists and one rule. A Suppressed list of everyone who opted out on any channel, a Consent unknown list of people you may email but must not text yet, and a written channel rule your whole team follows.

Why it matters

A reactivation campaign goes to people who have not heard from you in a long time. That is exactly when opt-outs get forgotten and consent gets assumed. One message to someone who said STOP can mean a carrier block on your number, a complaint, or a lawsuit.

What you need

  • The nine Reactivation fields from chapter 2, especially SMS Consent, Consent Source and Phone DNC Check.
  • Admin access in HighLevel, or Owner/Admin in Follow Up Boss.
  • If you will call people you have not done business with in the last 18 months: a National Do Not Call Registry subscription (the FTC lists the fiscal 2026 fee as $85 per area code, first 5 area codes free).

Time and cost

Time
30 to 60 minutes
Cost
$0 to text and email your own database; DNC registry access is extra if you call

Registry fees are set each fiscal year by the FTC. Check the current amount before you subscribe.

Step by step

  1. Learn the three rulebooks

    ChannelMain rulesWhat it means for your database
    Text (marketing)TCPA, CTIA guidance, carrier A2P 10DLC rulesAutomated marketing texts need prior express written consent. Carriers expect documented opt-in for promotional texts and a STOP option. Purchased or shared lists are not allowed.
    Email (marketing)CAN-SPAMNo prior consent required, but honest From and subject lines, your physical postal address, a working unsubscribe, and opt-outs honored within 10 business days.
    Calls (marketing)TCPA, FTC Telemarketing Sales RuleCalls between 8 a.m. and 9 p.m. the contact's local time. Numbers on the National DNC Registry need an established business relationship (18 months after a transaction, 3 months after an inquiry) or written permission. Keep your own internal do-not-call list.

    Opt-outs: since April 11, 2025, the FCC rules let people revoke consent by any reasonable means (STOP, QUIT, END, REVOKE, OPT OUT, CANCEL or UNSUBSCRIBE are all reasonable), and you must honor it within 10 business days. Treat a reply like "please stop texting me" the same as STOP.

    Check: You can say, for each channel, what you need on file before sending.

  2. HighLevel: build the Suppressed Smart List

    HighLevel stores opt-outs as Do Not Disturb (DND) per channel. Replies like STOP turn on SMS DND automatically. Build a list with these filters, joined with + Add Filter (OR) so a contact matching any one is included:

    textHighLevel Smart List: Suppressed
    Smart List name: Reactivation | Suppressed
    Filter group (OR):
      DND all            is  Enabled
      SMS DND            is  Enabled
      Email DND          is  Enabled
      Calls & Voicemails DND is Enabled
      Tags               Is any of  do-not-contact
    Save as: Reactivation | Suppressed

    Per-channel DND does not ban every channel: a contact with only Email DND may still receive texts if they consented. Chapter 5's workbook handles that per channel. This list is for review: anyone here needs a check before any campaign.

    Check: The list count is above zero if you have ever had a STOP reply, and opening a few records shows DND on.

  3. Follow Up Boss: find texting and email opt-outs

    In Follow Up Boss, a STOP reply (STOP, STOPALL, UNSUBSCRIBE, CANCEL, END or QUIT) blocks all texts from every number on the account; the phone shows orange on the profile. An email unsubscribe shows the email orange, adds an unsubscribe pill and adds an unsubscribed tag. It blocks Action Plan and Batch emails only; one-to-one email still sends.

    Save the filter with + New List as Reactivation | Suppressed. Follow Up Boss has no Do Not Contact field, so add a do-not-contact tag for anyone who asked you to stop all contact, and include it in this list.

    Check: A contact you know unsubscribed appears in the saved list.

  4. Record a consent source for everyone you plan to text

    For each contact, fill SMS Consent (Yes, No, Unknown) and Consent Source. CTIA guidance says to keep consent records: when, how, what language they agreed to, and the number. A good Consent Source reads like evidence:

    • Website form, checkbox v2, 2025-03-04 (your form shows the exact wording)
    • Texted us first from open house sign, 2026-05-10 (conversational, keep replies on topic)
    • Signed buyer agreement with SMS clause, 2024-06-01

    "Unknown" is a valid, honest answer. Unknown means email only until you get consent, for example by an email that invites them to text you.

    Check: Every contact with SMS Consent = Yes has a non-blank Consent Source.

  5. Decide calls: established relationship or DNC scrub

    Under the FTC's Telemarketing Sales Rule you may call a number on the National Do Not Call Registry if you have an established business relationship: up to 18 months after their last transaction with you, or 3 months after their inquiry. Past clients who closed more than 18 months ago and old leads usually fall outside that window.

    1. Set Phone DNC Check = Clear only after you scrub that number against the registry (at least every 31 days) and your internal list.
    2. Set it to Listed if it is on either list. Do not cold call Listed numbers.
    3. Leave Not checked otherwise. The workbook will not suggest a call for Not checked numbers.

    Check: No contact is marked Clear without a DNC Checked Date in the last 31 days.

  6. Write your channel rule and save it in the CRM

    The rule the reactivation workbook applies, in plain words: no channel at all if DND all is on; text only with SMS Consent = Yes; email unless they unsubscribed; call only when Phone DNC Check = Clear. Paste the rule below into a pinned note or your team handbook.

    Check: Everyone who sends messages for you can repeat the rule without looking.

What success looks like

  • A saved Reactivation | Suppressed list in your CRM
  • SMS Consent and Consent Source filled for everyone you intend to text
  • Phone DNC Check filled for everyone you intend to call
  • A written channel rule your team follows

Copyable templates

markdownTeam channel rule
# Reactivation channel rule (Coastal Key Realty example)

1. DND all = on, or tag do-not-contact: no messages on any channel. Ever.
2. Text: only if SMS Consent = Yes AND Consent Source is filled. First text names us and says "Reply STOP to opt out."
3. Email: allowed unless unsubscribed / Email DND. Every marketing email carries our postal address and an unsubscribe link.
4. Call: only if Phone DNC Check = Clear (scrubbed in the last 31 days) or an established business relationship applies. 8 a.m. to 9 p.m. their local time.
5. Anyone who says stop in any words: set DND (HighLevel) or tag + note (Follow Up Boss) the same day. Legal limit is 10 business days; ours is same day.
6. When unsure, email or do nothing.

Try it

Permission matrix (fictional contacts)
ContactDND allEmail unsubSMS consentDNC checkAllowed
Maya OrtizNoNoYesClearText, Email, Call
Ben WhitakerNoNoUnknownNot checkedEmail
Grace KimNoYesYesClearText, Call
Tom BeckerNoYesNoListedNothing
Hannah ColeYesNoNoClearNothing

Database prioritizer

12 fictional contacts, report date 2026-10-01. Same rules as the workbook.

Tier A5
Tier B1
Tier C3
Excluded3
Show segment
ContactSegmentScoreChannel
In pilot
Past client100 (A)Text
In pilot
Past client88 (A)Text
In pilot
Past client80 (A)Text
In pilot
Past client78 (A)Email
In pilot
Sphere75 (A)Email
Dormant lead68 (B)Text
Dormant lead30 (C)Email
Dormant lead20 (C)Email
Needs review10 (C)Email
Suppressed-None
Recently active-Text
Suppressed-None
Top scores with a permitted channel. In real life: 100.

Tier A is 70 or more, Tier B is 45 to 69. Select a name to see exactly where its points came from. Opted-out and DND contacts never score, whatever the weights.

The same rule drives the prioritizer. Filter to Suppressed to see who it blocks.

How to test it

  1. Text STOP from your own phone to your CRM number. Confirm the contact shows SMS DND (HighLevel) or an orange number (Follow Up Boss) and lands in your Suppressed list.
  2. Unsubscribe from one of your own marketing emails. Confirm the flag appears.
  3. Pick 10 random contacts with SMS Consent = Yes and read their Consent Source aloud. Each should answer "how did you get my number?"

Troubleshooting

HighLevel shows DND on for numbers that never replied STOP.

Carrier error codes 30003 to 30006 also set DND (unreachable or invalid numbers). Leave them suppressed; fix the number only if the person gives you a new one.

A contact who opted out wants texts again.

In Follow Up Boss they reply START, YES or UNSTOP. In HighLevel a permanent DND needs an opt-in reply such as START or proof of opt-in. Never turn DND off by hand on your own say-so.

Hundreds of contacts have SMS Consent = Unknown.

That is normal for older databases. Email them first with a reason to text you; a person who texts you first has started the conversation.

Advanced technical details

Optional. You can follow every step above without these.

Technical detailsRule changes to watch
  • The FCC's "one-to-one consent" rule was vacated by the 11th Circuit in January 2025 and later removed. Consent still must name you (the seller) and the number.
  • The FCC's "revoke for all" rule, which would make one opt-out stop all unrelated robocalls and robotexts from a sender, was delayed again to January 31, 2027 and may change. Building same-day, all-channel suppression now keeps you ahead of it.
  • HUD and CTIA guidance documents change. Re-check the sources in this chapter each year.
Technical detailsWhere opt-outs live in each system

HighLevel: per-channel DND flags (Email, SMS, Calls, GBP, Facebook Messenger, WhatsApp) plus a separate DND Inbound Calls and SMS checkbox; workflows have a Contact DND trigger and a DND Contact action. Follow Up Boss: an account-wide texting block on the number and an email unsubscribe that affects Action Plans and Batch emails only.

Sources

Written from the best available information. One or more steps could not be confirmed; see the notes in the chapter. Last checked 2026-10-20.