TCPA consent: The complete guide for marketers

TCPA consent is not something that can be overlooked. It’s mandatory and regulated by U.S. federal law. For this reason, it’s vital for marketers and advertisers to comply with the TCPA consent agreement, in order to keep their business running smoothly and avoid legal issues.

However, there are a lot of different layers to the TCPA and many requirements that marketers need to follow, which can make compliance difficult to keep up with.

Thankfully, ActiveProspect is here to help you. In this article, we will go over what TCPA consent is, what are the TCPA disclosure requirements, and how to get TCPA express consent with the right language.

What is TCPA consent?

The TCPA (Telephone Consumer Protection Act), as explained by Eric J. Troutman of the Troutman Amin, LLP and TCPAWorld.com, is “the statute that prevents the use of certain regulated technology to make calls to cell phones and landlines without certain levels of consent – that are use-case specific – and prevents unsolicited marketing calls to phone numbers that are residential lines on the national DNC (Do Not Call) list.”

Therefore, TCPA consent can be defined as the process of asking consumers for express consent or express written consent to be contacted in order to promote a product or service.

In addition to understanding TCPA consent laws, businesses undergoing mergers and acquisitions may face operational complexities requiring robust compliance support. Such changes often necessitate integrated legal and oversight structures to harmonize new business entities with existing compliance frameworks. Leveraging expertise in restructuring can ensure seamless transitions.

Different types of TCPA express consent

There are three different kinds of TCPA express consent: Prior Express Written Consent (PEWC), Prior Express Consent (PEC), and Prior Express Invitation or Permission (PEIP).

1. Prior Express Written Consent (PEWC)

Prior Express Written Consent (PEWC) is a specific, legally required form of consent under the TCPA that businesses must obtain before sending marketing communications to consumers via autodialed calls, prerecorded voice messages, or text messages. This consent must be clear, unambiguous, and documented in writing.

Key requirements of PEWC under TCPA

1. Written agreement:
   • The consent must be provided in a written format, which can include electronic signatures (e.g., online forms, email, e-signatures) under compliance with the E-SIGN Act.
   • Verbal, audio, or recorded presentation of the terms is not sufficient for PEWC.
2. Clear and conspicuous disclosure:
   • The notice agreement language should clearly state that the consumer is consenting to receive marketing calls or texts using autodialers or prerecorded voice messages (if applicable).
   • It must also explain that consent is not a condition of purchase.
3. Explicit consent for marketing:
   • PEWC is specifically required for telemarketing or promotional communications.
   • For informational or transactional messages, only Prior Express Consent (PEC) (which may be verbal) is needed.
4. Identification of the sender:
   • The consent form should identify the business or brand that will contact the consumer.
   • Note that this requirement may become much more detailed under the new 1:1 Consent rules.
5. Opt-in mechanism:
   • Consent to contact cannot be implied or bundled with other agreements.
   • It should be a standalone opt-in.

Examples of PEWC in action

• A consumer fills out an online form with a checkbox and language indicating:
  “I consent to receive marketing calls and texts from [Company Name] using automated technology. Consent is not a condition of purchase.”
• A customer digitally signs a document agreeing to receive promotional texts.
• A lead submits a form with compliant language where they actively opt-in to receiving marketing communications via autodialed calls.

2. Prior Express Consent (PEC)

Prior Express Consent (PEC) is a form of legally required permission under the TCPA that allows businesses to contact consumers with informational or transactional communications which could be through autodialed calls, prerecorded voice messages, or text messages.

Unlike PEWC, which is required for marketing communications, PEC applies to non-marketing, informational messages and can be obtained through more flexible methods.

Key characteristics of PEC

1. Purpose:
   • PEC is required for informational or transactional messages, such as appointment reminders, delivery notifications, or account alerts.
   • It does not cover promotional or marketing content.
2. Consent format:
   • Verbal consent or providing a phone number voluntarily can satisfy PEC requirements.
   • Written consent is not mandatory but can be used.
3. Applies to automated communication:
   • PEC allows the use of autodialers (automatic dialing systems) and prerecorded voice messages for non-marketing communication.
4. Consumer-initiated consent:
   • Providing a phone number during a transaction or inquiry is typically considered valid consent for relevant communications.

Examples of PEC in action

• A customer provides their phone number when signing up for online banking and later receives fraud alerts via text.
• A patient schedules a medical appointment and receives an appointment reminder via a prerecorded call.
• A customer makes an online purchase and gets a delivery notification by text message.

3. Prior Express Invitation or Permission (PEIP)

Prior Express Invitation or Permission (PEIP) is a type of TCPA consent that allows businesses to legally contact consumers for sales or marketing purposes via phone calls or text messages.

This consent specifically applies to calls or messages made using non-autodialed systems or pre-recorded messages.

Key features of PEIP consent

1. Voluntary action:
   • The consumer must willingly provide their contact information (e.g., phone number) and agree to be contacted.
   • This can occur through actions like filling out a web form, responding to an email, or calling a business.
2. No written agreement required:
   • PEIP does not require a formal written agreement or signature.
   • Verbal consent or consent given by providing contact information can be sufficient.
3. Applies to non-autodialed calls:
   • PEIP allows calls or texts sent without using an autodialer or prerecorded voice.
   • For autodialed calls or texts, Prior Express Written Consent is required, depending on the message type.
4. Marketing and informational content:
   • PEIP could cover both marketing and informational calls, but stricter consent is needed for autodialed marketing communications.

Examples of PEIP in action

• A consumer fills out a contact form on a website requesting more information about a product and provides their phone number.
• A customer verbally agrees during a phone call to receive updates about services.
• A person emails a company asking to be contacted about upcoming promotions.

Key differences between PEWC, PEC, and PEIP

Type of consent	Applies to	Consent format
Prior Express Written Consent (PEWC)	Autodialed or prerecorded marketing/promotional calls or texts	Signed written agreement (digital/electronic OK)
Prior Express Consent (PEC)	Autodialed or prerecorded informational/transactional calls or texts	Clear, affirmative consent (can be verbal)
Prior Express Invitation or Permission (PEIP)	Manual dialed calls or texts for marketing or informational purposes	Verbal, online forms, or informal consent

TCPA implied consent

Does TCPA implied consent exist? Yes, in certain situations, TCPA implied consent may be acceptable, particularly for informational or transactional communications. Here are a few examples,

Consumer voluntarily provides a phone number

If a consumer knowingly provides their phone number during a transaction or interaction, it can imply consent to receive non-marketing, informational calls or texts related to that specific interaction.

Note that this applies to communications made without use of an autodialer or for informational purposes only.

Examples:

• A customer provides their number when booking a flight and receives flight updates.
• A patient gives their number to a doctor’s office and receives appointment reminders.
• A customer purchases a product online and gets a delivery notification.

Existing Business Relationship (EBR)

If there is an established business relationship, businesses may imply consent for certain communications. However, autodialed or prerecorded marketing calls still require PEWC.

For manual calls related to past purchases or services, TCPA implied consent might apply.

Examples:

• A customer who recently bought insurance may receive policy updates.
• A subscriber to a magazine may get renewal reminders.

Informational and transactional communications

TCPA implied consent may apply for purely informational messages if the consumer’s phone number was voluntarily provided. Marketing or promotional content is not allowed under implied consent.

Examples:

• Bank alerts for suspicious account activity.
• Pharmacy notifications that a prescription is ready for pickup.

FCC TCPA prior express written consent: What changes with the new updates

In a dramatic turn of events, the much-anticipated changes to the FCC’s interpretation of “prior express written consent” under the TCPA were vacated by the Eleventh Circuit Court of Appeals in January 2025, just days before they were set to take effect.

This reversal has thrown a curveball to the lead generation and performance marketing industries, many of whom had already begun retooling their consent flows in anticipation of the now-shelved one-to-one consent requirement.

Originally, the FCC’s updated rule would have required that prior express written consent explicitly authorize no more than one identified seller to contact a consumer using an autodialer or prerecorded message. This narrow “one-to-one” consent definition aimed to curb shared lead practices and dramatically reshape how marketers and lead buyers collect and use consented data.

However, with the rule vacated, the previous, broader interpretation of consent remains in effect—at least for now. This means that platforms and publishers can continue to capture consent for multiple sellers through a single interaction, so long as disclosures remain clear and compliant.

While the FCC may still seek to reintroduce or revise the rule, for the moment, the regulatory environment has reverted to the status quo. That said, marketers should remain vigilant, as both state-level legislation and ongoing FCC initiatives signal that tighter consent standards may resurface in the near future.

While these provisions are no longer going into effect as planned, they provide a preview of regulatory intent, and serve as a crucial reminder that compliance strategies must remain agile.

2025 TCPA consent: Yes or no?

The question on everyone’s mind in the lead gen and performance marketing world is: What does TCPA consent actually mean in 2025? The short answer—it depends.

While the FCC’s highly anticipated one-to-one consent rule was expected to tighten the definition of “prior express written consent,” its sudden vacating by the Eleventh Circuit Court of Appeals in January 2025 has left marketers split to either return to previous (existing) requirements on consent disclosures, or push for the tighter one-to-one model requirements, if it better fits their business.

As of now, there is no federal requirement that consent must be given to just one specific seller per form or interaction. This means the industry continues to operate under the broader, previous interpretation, where consent can cover multiple sellers—provided it is clearly and conspicuously disclosed. However, that doesn’t mean we’re in the clear.

The FCC has signaled continued interest in tightening consent standards, and several states are advancing their own consumer protection laws. So while the answer to “Is this consent valid under TCPA?” might still be yes for now, the safe bet is to act like stricter rules could return—because they might.

Why is it important to comply with the TCPA consent agreement?

Violating the TCPA can result in a fine ranging from $500 to $1,500 per violation. But that’s not all!

The TCPA consent agreement includes a four-year statute of limitations, which means that every call that is presumed to be non-compliant can be used to initiate legal proceedings up to four years after it was made. Also, the TCPA enables class actions, which means that one call could result in a class involving millions of different consumers who received similar calls.

To learn about what you can do to avoid TCPA litigation, read this article: TCPA Litigation and Compliance Risks: What You Can Do to Protect Yourself.

What are the main TCPA consent agreement requirements?

Here is the TCPA consent requirements checklist that all marketers should follow.

Internal, state, and national DNC registry

You’re required to keep an internal DNC list of consumers who expressly asked not to receive any calls or texts. Additionally, you cannot call any number listed on the National Do Not Call Registry. Note that states may also have their own DNC registries that you’re required to scrub against.

Restricted time frame

Residential landlines can only be called between 8 a.m. and 9 p.m. in that residence time zone. Note that specific states may have different time restrictions.

Robocalls

You cannot make pre-recorded calls or send artificial voice messages to any cell phone without express written consent for marketing purposes, and without regular express consent for informational purposes.

You cannot make pre-recorded calls or send artificial voice messages to landlines for marketing purposes without express written consent, but you can make pre-recorded calls for informational purposes with regular express consent.

Marketing messages are designed to promote or sell products and services, requiring prior express written consent before they can be sent via calls or texts.

On the other hand, informational messages serve to convey necessary or beneficial information to the recipient, such as appointment reminders, fraud alerts, and delivery notifications, without primarily promoting sales. These messages typically require prior express consent, with fewer restrictions than marketing communications.

TCPA autodialer consent

If you’re using an Automatic Telephone Dialing System (ATDS), you have to have express written consent for tele-marketing calls, and regular express consent for informational calls.

If you are calling without an ATDS, you do not need any type of consent for informational calls that are made manually, but you still need to have express written consent for a manual marketing call to a number on the national DNC list.

If the phone number is not on the national DNC list, then you are free to call that number – as long as you’re not using an ATDS – even for marketing purposes.

However, in order to assess what does or does not qualify as an ATDS, you should always consult with a legal advisor.

It’s important to note that with the latest TCPA regulations, AI generated voice now also qualifies as regulated technology.

TCPA text message consent

According to the TCPA, text messages are equal to calls. So, if you are using an ATDS, then you have to have express written consent to send marketing texts, and regular express consent to send informational texts.

If you are not using an ATDS and are sending a text manually, you do not need prior express written consent but you must ensure the number is not on the National DNC list. 

If the number is on the National DNC list and you’re sending a text with marketing purposes, then you need to have prior express written consent.

Once again, you should always consult with a legal advisor.

Identification

When calling, you need to provide your name, the name of the company on whose behalf you are calling, and a telephone number or address which can be used to get back in touch with you.

What are the TCPA disclosure requirements?

The FCC has held that “written” consent can be obtained in a variety of mediums, including emails, texts, recorded calls, or website consent forms.

Whatever medium you decide to use, there are certain TCPA disclosure requirements that you need to abide by. Thanks to Eric J. Troutman of the Troutman Amin, LLP and TCPAWorld.com, one of the best-known lawyers in the U.S. telecom legal space, we have a comprehensive list of to do’s when writing a TCPA express written consent disclosure.

TCPA consent language: Examples and best practices

To be 100% sure you’re complying with the TCPA, you should always consult with your legal advisor. However, here are a few examples shared by Eric J. Troutman of Troutman Amin, LLP and TCPAWorld.com of appropriate TCPA consent language.

Example #1

“By checking the box and clicking ‘submit’ below, you agree that we may call you at the number you entered above with reminders, offers and other info, including possibly using automated technology, text and recorded messages. Consent is not a condition of purchase. Reply STOP to opt out of text messaging. Standard rates apply. SUBMIT”

Example #2

“By clicking ‘submit,’ I am agreeing to receive text messages from [offer name], [other offer], and business partners. I provide my signature expressly consenting to recurring contact from [company name or offer name] or its business partners at the number I provided regarding products or services via live, automated or prerecorded telephone call, text message, or email. I understand that my telephone company may impose charges on me for these contacts, and I am not required to enter into this agreement as a condition of purchasing property, goods, or services. I understand that I can revoke this consent at any time. SUBMIT”

Example #3

“By clicking ‘submit’ I agree by electronic signature to be contacted by [company name] through a live agent, artificial or prerecorded voice, and automated SMS text at my residential or cellular number, dialed manually or by autodialer, and by email. I understand I am not required to sign/agree to this as a condition to purchase. SUBMIT”

Best practices

Aside from using specific TCPA consent language, there are a few best practices you can keep in mind when obtaining consent:

• If your consent language covers both calls and texts, a consumer opting out of one can mean that they have opted out of both, unless you’ve made it clear that there are different requirements. However, you can clarify with the consumer whether they are seeking to opt out of one particular program, or all calls and texts to the number.
• Limit the number of repeat calls. A consumer who receives only a few calls is much less likely to complain or cause litigation.

• Avoid making multiple calls or leaving multiple pre-recorded messages on the same day, and limit the total number of calls to the same number.
• Avoid calling at inconvenient hours. Even if you’re allowed to call a landline between 8 a.m. and 9 p.m., maybe avoid calling over lunch or dinner time.
• Be respectful of the consumer. Even if they have consented to be contacted, use common sense and be courteous to the receiver.
• Place the consent language above the “Submit” button. It is a highly recommended best practice to make sure that the consent language message is placed above the “Submit” button.

What is TCPA consent for global companies?

TCPA consent for global companies refers to obtaining explicit, informed consent from consumers before engaging them through calls or text messages using automated systems. This consent must be obtained in a manner that clearly communicates the intent and scope of the communication, ensuring that consumers are fully aware of what they are agreeing to receive.

International businesses targeting U.S. consumers must adhere to TCPA regulations to avoid legal penalties and maintain consumer trust. Here are steps to manage TCPA consent for global companies effectively:

• Understand U.S. regulations: Familiarize yourself with TCPA requirements, including any state-specific laws that may impose additional obligations.
• Implement compliance procedures: Develop processes to ensure compliance, such as creating consent forms, establishing opt-in methods, and maintaining detailed records of consent.
• Use TCPA-compliant technology: Employ technology platforms and tools – such as TrustedForm – that support TCPA compliance by facilitating consent capture and record-keeping. Tools like PDFTool.io can also help format and manage consent documentation.
• Train staff and partners: Educate employees and partners about TCPA regulations and compliance procedures to ensure everyone involved in the marketing process understands their responsibilities.
• Create a knowledge base using text clustering methods to efficiently organize and retrieve relevant compliance documents, ensuring easy access for employees and partners.
• Monitor and update consent practices: Regularly review and update consent practices to align with evolving regulations and industry best practices.
• Provide opt-out mechanisms: Make it easy for consumers to revoke consent by providing clear opt-out mechanisms in every communication, such as “STOP” keywords in text messages or unsubscribe links in emails.
• Seek legal counsel: Consult with legal experts specializing in U.S. telemarketing law to ensure full compliance and address any specific concerns related to your business operations.

By understanding and implementing TCPA consent requirements, international businesses can effectively manage their telemarketing and SMS campaigns in the U.S., safeguarding against potential legal challenges while enhancing consumer relationships.

Who can revoke TCPA consent?

Once provided, is it possible to revoke consent? Yes. Consumers have the power to withdraw their consent at any time and through any reasonable means.

As explained by Eric J. Troutman of the Troutman Amin LLP, the FCC also approved another significant update to TCPA in February 2024 that aims at clarifying the rules for revoking consent as follows:

• “Consumers may revoke prior express consent for autodialed or prerecorded or artificial voice calls and autodialed texts in any reasonable manner that clearly expresses a desire not to receive further calls or text messages, and that callers may not infringe on that right by designating an exclusive means to revoke consent that precludes the use of any other reasonable method.” This marks a significant shift away from the previous rules that allowed companies to secure irrevocable consent through contracts in which they define their own terms for withdrawal.
• Using the words “stop,” “quit,” “end,” “revoke,” “opt out,” “cancel,” or “unsubscribe” via reply text message constitutes a reasonable means to revoke consent. However, “this does not preclude the use of other words and phrases to revoke consent.”
• Companies are required to honor company-specific do-not-call and revocation-of consent requests as soon as practicable and no more than 10 business days after the receipt of the request. This benefits informational callers, who previously had to honor consent immediately. On the contrary, it negatively affects telemarketing callers, who previously had up to 30 days to comply.
• Companies are allowed to send one text post-revocation with the aim of trying to clarify the reason behind the revocation. No response equals “opt out” of everything forever. Most importantly, the text “must not contain any marketing or advertising content or seek to persuade the recipient to reconsider their opt-out decision.”
• Replying “stop” to a marketing message prevents any further calls or texts in the absence of a consent exemption. Replying “stop” to an informational message revokes all ability to message, even for emergency or informational purposes.

On March 5, 2024, the FCC announced updates in the Federal Register pinpointing April 4, 2024, as the effective date of enforcement for the new robocall regulations involving “revocation of consent”.

However, this April 4 deadline exclusively applies to the segment allowing a one-time text message to confirm a user’s revocation request. Other significant amendments, including those concerning the 10 business day period and what constitutes “reasonable means” are delayed “indefinitely”.

The timeline for meeting those regulatory requirements remains “to be determined”.

How long does TCPA consent last?

Consent knows no time constraints or expiration dates. However, it’s important to remember that consent is associated with the consumer, not the phone number. So, if a number gets reassigned to someone new, you immediately lose any consent you previously had for that number. It’s important to check if a number has been reassigned in order to avoid potential legal issues. You can do so by checking the US Reassigned Number Database (RND).

Additionally, as explained above, consumers hold the power to revoke their consent at any given moment, using any means they prefer.

Implement a solution that allows you to document consent was obtained

TrustedForm is the ultimate compliance solution for documenting TCPA consent on digital lead capture forms.

With TrustedForm you can:

• Issue certificates of lead authenticity that show exactly when and where consumer consent was obtained.
• Store these certificates in your account for applicable statutes of limitations, so you’ll have the evidence needed in the event of litigation.
• Verify that each lead has given consent to be contacted by your specific brand.

Watch this short video to see how to implement TrustedForm.

Final thoughts

As we continue to see, the boundaries of TCPA consent rules are constantly changing, which is why it’s so important to stay up to date with the latest TCPA rules. Also, proving that consent was obtained can be a hard task, without the right solution in place. Thankfully, ActiveProspect offers an easy and effective solution to help you with that.

With TrustedForm, you can provide certificates that show exactly when, where, and how consent was granted by a specific user, helping you mitigate potential TCPA litigation.

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