How do I write written consent?
Frequently Asked Questions
What has to be in a written consent form for texting customers?
Under TCPA rules, your consent form must clearly name your business, identify the exact phone number being consented, and disclose the message types, frequency, message and data rates, and the right to revoke at any time. It also can't be conditioned on a purchase. See FalkonSMS's guidance on express written consent.
Does the consent have to be a physical signature, or is a checkbox enough?
A physical signature isn't required — an electronic signature, email, text message, or recorded verbal agreement all qualify. But a generic checkbox like 'I agree to be contacted about my account' is transactional consent, not express written consent for marketing, so you need a distinct, channel-specific opt-in instead (Paytia).
What happens if I text someone without proper written consent?
TCPA statutory damages run $500 per call or text for non-willful violations and $1,500 for knowing violations, with no cap on the total. In one case, ~1.85 million unconsented prerecorded calls added up to a $925 million judgment (Paytia).
What records should I keep to prove I got consent?
Log the IP address, timestamp, the exact consent language shown, and the wireless number consented, ideally tied to a CRM identifier so you can produce records without reconstructing them. One source recommends keeping consent records at least 6 years, though you should verify the retention period with regulators (FalkonSMS).
Can I add a marketing pitch to my transactional texts, like order confirmations?
No — any message with a marketing element like a cross-sell, renewal, or upgrade falls entirely under the stricter prior express written consent standard. Keep transactional and marketing consent separate with its own opt-in gate (Paytia).
What else do I need to do after getting consent to stay compliant?
Every message should identify your business and include an easy opt-out like 'Reply STOP to opt-out,' which you honor immediately. You should also honor Do Not Call requests, maintain an internal Do-Not-Text list, and check the FCC's Reassigned Numbers Database before campaigns (Paytia). At CallMyLeads, opt-outs are honored automatically and consent is built into the booking flow, so compliance isn't something you have to manage by hand.