GLOSSARY OF TERMS

TCPA consent management

What is TCPA Consent Management?

TCPA consent management is the structured process of obtaining, documenting, and maintaining a consumer’s explicit permission to receive marketing communications by phone or text. 

Under the Telephone Consumer Protection Act (TCPA), businesses must secure prior express written consent (PEWC) before using automated dialing systems (ATDS), prerecorded voice messages, or text messaging for promotional outreach.

Best Practices for TCPA Consent Management

To stay compliant, businesses must establish systems that are clear, verifiable, and adaptable. Key best practices include:

  1. Obtain prior express written consent (PEWC)
    • Use clear, prominent language in forms and lead flows.
    • Clearly disclose who is collecting the data, who will be contacting the consumer, how, and why.
    • Avoid pre-checked boxes, hidden legalese, or broad partner lists that obscure intent.
  2. Keep detailed, time-stamped records
    • Capture the full context of the consent disclosure, date, time, IP/device, and method of capture (e.g., web form, e-signature, call recording).
    • Maintain these records as a legal safety net against challenges.
  3. Make opt-outs simple and trackable
    • Provide consumers with easy, fast, and reliable opt-out options across all communication channels.
    • Honor opt-out requests promptly (within 10 business days).
    • Document and monitor all opt-outs for compliance and risk management.
  4. Stay current with evolving TCPA rules
    • Track FCC and FTC updates, along with state-level requirements.
    • Conduct regular audits of consent practices.
    • Design consent flows that can adapt quickly to regulatory changes.
  5. Leverage automation and consent management tools
    • Manual compliance processes are error-prone and difficult to scale.
    • Automation ensures consistency, accuracy, and defensibility under regulatory scrutiny.

Tools like TrustedForm provide independent proof of cons

Learn more about TCPA consent management