Day 7 of 12: Deceptive CTA Design

Transparency Builds Trust in SMS Campaigns

Imagine you’re eager to sign up for exclusive updates from your favorite brand. You skim through the form, click “I agree,” and hit submit. But buried in small text, hidden links, or even a second page you didn’t notice, were crucial details about an SMS program you’ve just unknowingly joined.

Does this sound familiar? If so, you’ve encountered deceptive CTA design. This practice doesn’t just annoy consumers—it can lead to severe compliance risks, carrier penalties, and lawsuits.

Let’s break down how common design choices can blur consent and land your brand in hot water, and what you can do to keep your campaigns compliant.

Key Problem Areas in Deceptive CTA Design

Font Size Tricks

Shrinking the legal disclosures to make them barely noticeable undermines transparency. Regulators and carriers often interpret this as intent to mislead. For example, fine print that’s hard to read on mobile devices frustrates users and increases opt-outs.

Below-the-Fold Disclosures

Hiding critical SMS terms and conditions out of immediate view ensures many users never see them. Users are often blindsided by unexpected message frequencies or promotional content they didn’t knowingly agree to.

Multi-Step Sign-Ups

Spreading SMS program details across multiple pages creates gaps in disclosure. Consumers often miss key steps, leading to uninformed consent and higher complaint rates.

Non-Standard Hyperlinks

Using vague icons like "?" or misleading link titles can obscure critical SMS terms. Consumers are unlikely to realize these links contain important information about their opt-in.

Withholding Full Terms

Requiring form submission before revealing terms—or presenting condensed, vague disclosures—violates consumer transparency principles and undermines trust.

The Risks of Deceptive CTA Design

Deceptive CTA design can lead to serious consequences for brands:

1. Consumer Backlash: Frustrated users may report messages as spam, file complaints, or leave negative reviews. Opt-out rates tend to skyrocket when users feel misled.
2. Carrier Scrutiny: High opt-out rates, unreachable numbers from fake submissions, or repeated complaints can alert carriers to non-compliance. This increases the risk of filtering, blocking, or suspension of SMS campaigns.
3. CTIA Audits: The CTIA frequently reviews public-facing SMS campaigns for compliance. Discrepancies such as hidden terms or unclear CTAs may lead to warnings, fines, or program suspensions.
4. Legal Penalties: Non-compliance with TCPA’s "clear and conspicuous" requirements can result in lawsuits and significant fines. Brands are held accountable for ensuring users are fully informed before opting in.

How to Avoid Deceptive CTA Design

Prioritize Readability

• Use standard font sizes for legal disclosures.
• Ensure text contrasts well with the background.

Keep Key Terms Visible

• Place SMS terms above the fold—visible without scrolling.
• Avoid requiring multiple clicks to view critical terms.

Consolidate Information

• Present all SMS program terms on a single page or step.
• Include clear, concise details about message frequency, type, and purpose.

Use Clear Labels for Links

• Avoid icons like "?" for links to SMS terms.
• Instead, use explicit phrases like "View SMS Terms of Service."

Disclose Full Terms Upfront

• Don’t withhold SMS program scope until after form submission.
• Include all relevant terms directly on the CTA or linked clearly.

Compliance is the Foundation of Trust

Carriers and regulators are increasingly vigilant about practices that obscure consumer consent. Transparent CTA design isn’t just a legal requirement—it’s an opportunity to build trust and improve engagement with your SMS program.

Are your SMS sign-up forms designed to inspire trust—or to attract scrutiny? Let’s ensure your brand stays compliant and credible. Contact The SMS Coach today for a compliance audit.

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Legal Disclaimer

This article is for informational purposes only and does not constitute legal advice. Always consult qualified legal counsel for guidance specific to your circumstances.

Sneak Peek – What’s Next in the Series

Day 1: Opt-Out Oversights: Clear Requests, Ignored Risks

Day 2: The Lifetime Consent Myth: Why SMS Permissions Aren’t Forever

Day 3: Trusting Features Over Compliance: The Automation Trap

Day 4: Misleading CTAs: Actions That Double as Opt-Ins

Day 5: Uninformed Consent Equals Spam: Transparency Matters

Day 6: Co-Branded Campaign Confusion: Shared Opt-Ins, Shared Risks

Day 7: CTA Design Deception: When Poor Design Violates Compliance

Day 8: Platform Limitations Don’t Excuse Non-Compliance

Day 9: Spam Tactics by Design: Irrelevant and Excessive Messaging

Day 10: Overconfidence in Past Success: Why Yesterday’s Record Doesn’t Protect You

Day 11: P2P Routes for B2C Campaigns: A Risky Shortcut

Day 12: Outsourcing Accountability to Lead Generators: The Buck Stops With You

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Stay tuned as we tackle each compliance challenge with actionable insights!