SMS Marketing and Influencer Campaigns: Using a Creator to Build an Opt-In Text List

What is creator-driven SMS list building?

When a creator is used for SMS marketing, the goal is rarely a single sale — it's getting the follower to join the brand's own SMS list, so the brand can text them directly, again and again. The two most common methods are: keyword sign-up (the follower texts a word like "GIFT" to a short code to get a discount and be enrolled) and a sign-up link (a link in the creator's bio or post leading to a form where the follower enters their number). Each creator can get their own keyword or link, so the brand can see how many sign-ups each creator actually generates.

That makes SMS list building something different from a pay-per-sale model: the goal isn't a single tracked sale, it's access to a recurring channel the brand owns and can keep using afterward.

Why this is legally different from a discount code or tracking link

An ordinary discount code or tracking link requires no consent from the customer — it just tracks where a sale came from. SMS list building is something else entirely: the brand is asking permission to contact the person again, repeatedly, going forward. That's direct marketing, and it triggers its own, separate consent requirement.

The legal requirement: Section 10 of the Marketing Practices Act

Section 10 prohibits a business from contacting anyone using electronic mail — and Forbrugerombudsmanden (the Danish Consumer Ombudsman) directly confirms that SMS is covered on equal footing with email: "the message is sent via 'electronic mail', e.g. email, SMS..." — for direct marketing purposes, unless the recipient has given prior consent. (Source: danskelove.dk and forbrugerombudsmanden.dk, checked 2026-08-29.)

Valid consent is defined in Section 2(14) as "any voluntary, specific, informed and unambiguous indication of wishes." In practice, per Forbrugerombudsmanden's own guidance, that means: the person must know they are signing up for marketing (informed), it must be clear what, from whom, and via which medium — SMS or email (specific), and there must be no pre-checked box or requirement to accept marketing in order to buy something (voluntary). An act like texting a keyword or tapping "Sign up" satisfies the requirement for a concluding action — a silent assumption does not.

The important exception doesn't apply here

Section 10(2) provides an exception: a business may market similar products to an existing customer if the number or address was collected in connection with a purchase — without fresh consent, provided there's a clear opt-out. That exception does not apply to the typical creator-driven scenario: a follower who texts a keyword for a discount code or to enter a giveaway hasn't bought anything — there's no existing customer relationship to lean on. The full, prior-consent requirement therefore applies in full to essentially all creator-driven SMS list building.

The responsibility sits with the brand, not the creator

Forbrugerombudsmanden is explicit on this point: a business cannot offload responsibility for valid consent, even when it pays a subcontractor — including a creator — to run the marketing. If a creator's campaign collects numbers without properly informed consent, it's the brand that is liable to Forbrugerombudsmanden, not the creator.

How to build a compliant opt-in campaign with a creator

• Show clearly at sign-up that the person is joining ongoing SMS marketing from the brand by name — not just "get your discount code here."
• No pre-checked boxes, and no requirement to accept SMS marketing to get the discount itself or enter a competition, where that isn't necessary.
• Give an easy, free opt-out in every single message — typically a "STOP" keyword.
• Have the creator clearly state what signing up means in the post itself, not only in fine print one click away.
• Remember the ordinary ad-disclosure requirement on the creator's own post if the collaboration is paid — that's a separate duty from the SMS consent itself. See influencer marketing disclosure rules in Denmark and the EU.

Decision framework: does a creator-driven SMS channel make sense?

IF you already have an SMS platform and a clear sender identity ready to handle consent and opt-out correctly → a creator campaign is a fast way to add volume to the list.

IF your internal consent handling isn't solid → fix that first. The liability is the brand's, regardless of how many creators are involved.

IF the goal is just one sale right now → an ordinary discount code or tracking link is both simpler and requires no extra consent.

Worked example (hypothetical)

Hypothetical figures for illustration — not a documented sign-up rate or Make Influence customer data. A brand pays a creator a flat DKK 5,000 to promote a keyword in one story. Assume — purely for illustration, not as an expectation — that the campaign generates 250 SMS sign-ups:

• Cost per sign-up = DKK 5,000 / 250 = DKK 20 per sign-up

That figure says nothing about what a sign-up is actually worth over time — that depends on how many of the 250 buy later, and how long they stay on the list before unsubscribing. The calculation is only meant to show how to work out cost per sign-up — not a price anyone should expect.

Common mistakes

Assuming consent to the discount also covers SMS marketing. These are two different things — one consent-free tracking mechanic, one ongoing marketing consent that requires its own clear action.

Applying Section 10(2)'s exception to new followers. The exception only applies to existing customers who have already bought something — not anyone who has simply texted a keyword.

Assuming the creator carries the liability. Forbrugerombudsmanden places responsibility with the brand, regardless of who actually collected the numbers.

Promising a sign-up or conversion rate without documentation. No publicly available, well-documented Danish industry rate exists for this — treat any figure as a hypothetical example, not an expectation.

Make Influence's perspective

Make Influence does not itself offer SMS list building or consent management as part of our model — our tracking is built to measure tracked sales via a link or code, not to build or maintain a brand's own marketing list. A brand that wants to use a creator for SMS list building has to handle consent itself, through its own SMS platform and its own responsibility under Danish marketing law.

FAQ

Does consent to a discount code also cover SMS marketing?

No. A discount code requires no consent on its own. SMS marketing requires its own, separate and specific consent under Section 10 of the Marketing Practices Act.

Can a creator collect the numbers themselves and hand them to the brand?

That increases the risk rather than reducing it — and doesn't change the brand's liability. Forbrugerombudsmanden is explicit: businesses cannot offload responsibility for valid consent, even if a subcontractor handles the collection.

Does the creator's post still need to be disclosed as an ad?

Yes, if the collaboration is paid or there's another commercial relationship — that's a separate duty from the SMS consent itself. See disclosure rules in Denmark and the EU.

What is the penalty for violating Section 10?

Forbrugerombudsmanden can issue administrative fines. In one documented case, a company received an administrative fine of DKK 20,000 for automatically enrolling customers in a newsletter without prior consent (forbrugerombudsmanden.dk, checked 2026-08-29) — cited as one concrete example, not a fixed rate.

Does the same apply to WhatsApp or Messenger messages from a creator campaign?

Yes, in principle — Section 10 covers electronic mail broadly, and Forbrugerombudsmanden's own guidance explicitly mentions certain social media contacts too. See WhatsApp Channels for brand and influencer marketing for that channel specifically.