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Consent for Text Messaging

What does TCPA consent mean?

Back to InsightsWhat does TCPA consent mean?

What does TCPA consent mean?

Frequently Asked Questions

What exactly counts as TCPA consent for automated calls and texts?
TCPA consent means prior express written consent — a signed agreement (electronic signatures qualify under the E-SIGN Act) that clearly authorizes a specific seller to deliver telemarketing calls or texts using automated technology, identifies the phone number to be contacted, and discloses that consent is not a condition of purchase.
If I have valid consent, can I call or text whenever I want?
No — even with prior express written consent, you must still honor quiet hours (no calls or texts before 8 a.m. or after 9 p.m. in the recipient's local time), scrub against the National DNC Registry, and process opt-outs within 10 business days.
What changed with the opt-out rules in April 2025?
Consumers can now revoke consent through 'any reasonable means' — including informal messages like 'Leave me alone' — and businesses must process those opt-outs within 10 business days, down from the previous 30-day window.
Is the one-to-one consent rule still taking effect in January 2026?
The Eleventh Circuit vacated the one-to-one consent rule in January 2025 (Insurance Marketing Coalition Ltd. v. FCC), so the pre-2023 prior express written consent standard remains in effect as of September 2026, though some sources still reference a January 2026 effective date.
How long do I need to keep records of consent?
Vendors like ClickPoint preserve consent records for at least 5 years, including timestamped proof of the consent language presented, IP address, and the consumer's acceptance — documentation that becomes your defense if a compliance dispute arises.
What are the actual penalties for getting TCPA consent wrong?
Violations carry $500 per negligent violation and up to $1,500 per willful violation, with each call or text counted separately and no aggregate cap — major settlements include Uber ($20M), Wells Fargo ($17.85M), and DSW ($4.42M in March 2025).

Consent You Can Prove, Speed You Can Count On

TCPA consent isn't a checkbox — it's a signed agreement that names your business, identifies the phone number, and makes clear that consent isn't required to buy. And it's only one gate: DNC scrubbing, quiet hours, and prompt opt-out handling still apply even when consent is valid. With penalties running $500–$1,500 per text or call and no aggregate cap, sloppy record-keeping can sink a business fast — DSW paid $4.42 million in 2025 over unwanted marketing texts. That's why documentation matters: timestamps, IP records, and preserved proof of consent are your defense when a dispute arises. It's also why CallMyLeads builds consent capture into the booking flow itself — every lead's consent is collected explicitly, opt-outs are honored immediately and automatically, and quiet-hours rules are followed without you lifting a finger. Your next step: audit how your business captures and stores consent today. If the answer is "it depends who filled out the form," book a free 15-minute scoping call to see how done-for-you compliant lead response works — and stop paying for leads you never get to talk to.

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