Guide
AI Lead Capture and Marketing Consent
Answering someone's inquiry and sending them ongoing marketing are two different things. Capture only what you need to help with the request, and ask separately, with clear unchecked choices, before adding anyone to email, SMS or WhatsApp marketing.
This is a practical explainer, not legal advice. Requirements depend on the channel, the jurisdictions involved and your use case, so have your specific setup reviewed by a qualified advisor.
Public conversation vs private data
A public comment is visible to everyone. Reply with general information and move personal details such as phone numbers, emails, addresses or order numbers to a private channel the person chooses.
Inquiry handling vs optional marketing
Inquiry handling
Responding to the question they asked, scheduling what they requested, and follow-up about that request.
Ongoing marketing
Promotions, newsletters and offers unrelated to the original request. This needs its own opt-in.
Never bundle
Do not make promotional consent a condition of requesting service or getting a quote.
Channel-specific opt-in
Email, SMS, phone and WhatsApp each have their own platform policies and, in many places, their own legal rules. An opt-in for one channel does not cover the others. Present each channel as its own unchecked choice with plain wording about what the person will receive.
- Separate, unchecked box per channel
- Plain description of message type and frequency
- Link to your privacy policy
- No pre-ticked boxes or hidden defaults
Data minimization and preference records
- Collect only fields needed to respond
- Record when, where and how each choice was made
- Store the wording shown at the time of opt-in
- Keep preferences in sync between CRM and messaging tools
Human escalation and unsubscribe handling
AI assistants should hand off to a person for complaints, sensitive topics and any request to speak to someone. Every marketing message should include a working way to opt out, and opt-outs should update all connected systems promptly.
Frequently asked questions
Does this make my business compliant?
No guide can do that. Rules vary by channel and jurisdiction. Use this as a starting point and have your setup reviewed.
Can an AI assistant collect consent?
It can present the choice and record the response, as long as the wording is clear, the choice is optional and the record is stored reliably.
Does a WhatsApp conversation mean I can send promotions?
Not by itself. WhatsApp has its own business messaging policies, and marketing messages generally need a clear opt-in.
Build workflows that respect customer choices
We design capture flows with separate inquiry handling and optional marketing preferences. Legal review remains with your advisors.
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