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CaptiFi Connect

Glossary

What is Soft opt-in?

The soft opt-in is the PECR exception that lets a business text marketing to existing customers without consent, as long as strict conditions are met.

Regulation 22(3) of PECR sets the conditions. You got the person's number yourself, during a sale or negotiations for a sale. The marketing is only about your own similar products or services. And you gave them a simple, free way to refuse when you took the number, then again in every text since. The ICO adds that there's no such thing as a bought-in list that qualifies.

Timing trips people up. The ICO gives the example of a takeaway that took a customer's number with an online order and only explained how to opt out in the order confirmation text. That was too late, and the ICO says any marketing texts after it would breach PECR. A Chester restaurant that wants to text past diners about offers needs the chance to say no on the booking form itself.

Since 5 February 2026 charities have a version of their own, in regulation 22(3A), for people who've supported them or shown an interest in their work.

CaptiFi Connect can't tell whether your contacts meet these conditions, so that call stays with you. It does handle the opt-out side: campaigns carry an opt-out line by default and STOP replies are acted on straight away.