SmartForm: Partial Submissions - Do's & Don'ts

What You Can & Can’t Do With Leads Captured From Partial Submissions

SmartForm’s progressive capture technology logs input as it’s typed.

That means even if someone starts filling out your form but never clicks Submit, you still capture the data they’ve entered so far (for example, name, email, and phone).

This is incredibly valuable — but it’s also important to understand how you can compliantly use that data.

✅ What You Can Do

1. Retarget with ads

You can legally use partial‑submission data for retargeting, just like you would with a page‑view pixel.

Example:

Someone types their email but doesn’t submit.

You retarget them with Facebook or Google ads to encourage them to return.

No additional consent is required for ad retargeting.

2. Store the data internally

Capturing partial submissions is allowed as long as your posted privacy policy or widget terms disclose that data entered may be collected even if the form is not submitted.

(SmartForm includes default terms covering this.)

3. Send emails if you follow CAN‑SPAM

Under U.S. law (CAN‑SPAM), you can send marketing emails to people even if they didn’t formally opt in, provided you follow these rules in every email:

• Include your valid physical mailing address
• Do not use misleading subject lines or “from” information
• Include a clear, working unsubscribe link
• Honor opt‑outs within 10 business days
• Identify the message as a solicitation if it is one

Most businesses choose to email partial leads carefully to maintain reputation and avoid spam complaints.

🚫 What You Can’t Do

1. Send marketing SMS without consent

The TCPA (Telephone Consumer Protection Act) requires prior express written consent for marketing texts or auto‑dialed calls.

Typing a phone number into a form but never submitting it does not count as consent.

Sending marketing texts or calls to these leads could expose you to fines of $500–$1,500 per message.

2. Treat them as full customers or subscribers

Partial data capture doesn’t mean you can sign them up for ongoing newsletters, drip campaigns, or promotional SMS unless they’ve explicitly opted in.

Make sure you’re transparent in how you use their data.

✨ Bottom Line

If you have any questions or want sample consent language to add to your SmartForm widget, reach out to our support team. We’re here to help!

Updated on: 18/07/2025