Marketing SMS in Brazil are governed by the General Data Protection Law (LGPD), the Consumer Defense Code (CDC) and the rules from ANATEL (telecom regulator) plus the SMS Anti-spam initiative coordinated with the Federal Public Ministry. Together they require a prior, free, informed and revocable consent before any commercial SMS.
No consent, no SMS: Sending unsolicited SMS in Brazil can lead to ANPD investigations, fines under the LGPD up to 2 % of company revenue (capped at R$50 million per infraction) and Procon claims.
Key requirements
| Requirement | What it means |
|---|---|
| Prior opt-in | Free, informed, specific consent (LGPD) |
| Identification | Sender clearly identifiable in every SMS |
| Easy opt-out | Free and immediate (typically “SAIR” or STOP) |
| Sending hours | Avoid before 08:00 and after 21:00 local time |
| Don’t Disturb | Honour the “Não Me Perturbe” registry |
The “Não Me Perturbe” registry
Brazil maintains a national do-not-disturb registry where consumers can block telemarketing and commercial SMS. Even with a valid opt-in, you must check and respect this list before each campaign.
Best practice: Document each opt-in (form URL, timestamp, IP) and re-confirm consent for inactive contacts every 12 months.
Other rules
Sender IDs and short codes must comply with ANATEL rules. For a global view, see SMS laws and restrictions.
Stay compliant before your next Brazilian campaign
Use Mailpro’s opt-in management and STOP keyword handling. Read how to send SMS with Mailpro.