What information is required for informed consent?
Key Facts
- Businesses must obtain prior express written consent before sending any marketing text messages under the TCPA legal analysis notes.
- Consent revocations must be processed within ten business days of receipt FCC opt‑out rule.
- Only one clarification text may be sent within five minutes of an opt‑out request regulation details.
- TCPA violations carry statutory damages of $500 to $1,500 per consumer per breach penalty overview.
- 10‑DLC campaigns must record how each recipient opted in, such as website forms or SMS keywords compliance guide.
- The FCC’s 1:1 consent rule, effective Jan 27 2025, demands clear, conspicuous disclosure for each seller rule summary.
Frequently Asked Questions
What counts as valid consent for texting customers?
Under the TCPA, businesses must obtain prior express written consent before sending marketing texts or robocalls. Accepted ways to prove opt-in include website forms, terms of service agreements, SMS keyword opt-ins, verbal consent, and point-of-sale signups — and consent must be verifiable and logged, not just collected.
Do I need separate consent from each lead, or does one form cover everything?
The FCC's one-to-one consent rule would have required individual consent for each specific seller, but it was vacated by the 11th Circuit in January 2025. Even so, carriers and state laws keep tightening consent standards independently, so getting clear, direct consent for your own business remains the best practice.
What information should my consent disclosure include?
Consent must follow a clear and conspicuous disclosure that a reasonable consumer would understand, and on comparison shopping sites it must be logically and topically related to the seller's offering. If you use lead generators, the FCC suggested checkboxes for individual seller consent or clickthrough links so leads consent to you directly.
What happens if a customer replies STOP — how fast do I have to honor it?
As of April 11, 2025, the FCC's Opt-Out Rule requires you to honor revocation requests as soon as practicable and no more than 10 business days after receipt. Consumers can revoke in any reasonable manner — texting STOP, QUIT, END, or CANCEL, telling a cashier, or even calling your headquarters all count.
Can I text someone to ask what they meant when they opted out?
Yes, but only once. You may send a single clarification text within 5 minutes of the revocation request, it can't contain any marketing or promotional content, and the consumer must respond affirmatively — otherwise all future robotexts and robocalls must stop.
What are the penalties for texting without proper consent?
The TCPA provides a private right of action with statutory damages of $500–$1,500 per violation, per class member, with no requirement to prove actual injury. With TCPA class action filings up 112% in Q1 2025 over Q1 2024, keeping documented, dated consent records (retained at least 4 years) is critical.