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Consent for Text Messaging

What does prior express consent mean?

By CallMyLeadsOctober 3, 2026
Back to InsightsWhat does prior express consent mean?

What does prior express consent mean?

Frequently Asked Questions

What's the difference between prior express consent and prior express written consent for texting?
Prior express consent (PEC) is the lower standard needed for informational texts like appointment reminders and confirmations, while prior express written consent (PEWC) is the higher standard required for marketing messages and must include specific disclosures like automated messaging, message rates, and opt-out rights per TCPA guidelines.
Do I need written consent to send appointment reminders and booking confirmations by text?
No — appointment reminders, confirmations, and other informational texts only require prior express consent, which can be given orally or even by sharing a business card, though documented consent is much easier to defend under TCPA rules.
What happens if I text someone without proper consent?
TCPA violations carry statutory damages of $500–$1,500 per message, and class action filings spiked 283% in September 2025 alone per ActiveProspect; carriers also block 100% of unregistered A2P 10DLC traffic since February 2025 per TextBolt.
Is a simple keyword opt-in like 'Text YES to join' enough for marketing texts?
Keyword-only opt-ins have triggered numerous TCPA lawsuits because courts have found that sending a single word doesn't constitute clear, unambiguous written consent for marketing messages per ActiveProspect.
Since the FCC's one-to-one consent rule was vacated, can I use shared or third-party consent forms?
The federal rule was vacated, but carriers and state laws (like Virginia SB 1339 and Texas SB 140) continue tightening consent standards independently, so clear, direct, per-business consent remains the safest practice per TextBolt.
What records should I keep to prove consent if challenged?
Document the exact date and time consent was obtained, the method used (web form, verbal, etc.), the precise consent language shown to the consumer, and their contact details — this documentation is considered the strongest defense in a TCPA dispute per ActiveProspect.

Consent Done Right Is a Competitive Advantage

Prior express consent isn't legal trivia — it's the difference between texts that build your business and texts that cost you $500 to $1,500 per violation under the TCPA. The key takeaways: know which tier applies to you (informational texts need prior express consent; marketing texts need the stricter written version), capture consent clearly and unambiguously, and above all, document it — the exact date, method, and language used is your strongest defense in any dispute. With TCPA class actions spiking and carriers now blocking 100% of unregistered traffic since February 2025, casual consent practices are a liability you can't afford. If you're unsure whether your current opt-in process would hold up, audit it this week: check your forms, your consent language, and your record-keeping. CallMyLeads handles this side of texting for you — its booking flow collects explicit consent, honors opt-outs immediately, and operates under registered A2P 10DLC compliance, so your lead response stays fast and defensible. Want to see how it works? Book a free 15-minute scoping call at callmyleads.app and stop paying for leads you never get to talk to.

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