What is the minimum required for express consent?

Frequently Asked Questions

What are the minimum elements required for express consent to send marketing texts?

Under the FCC's amended TCPA rules, valid express written consent needs six things: a written agreement with the consumer's signature, a clear disclosure that they'll receive robotexts, authorization for no more than one identified seller, the specific phone number being authorized, and messages that are topically related to the interaction that prompted consent. The sender bears the burden of proving consent was valid, per the FCC's December 2023 Report and Order.

Is the FCC's one-to-one consent rule still in effect?

No — the rule was vacated by the 11th Circuit and formally eliminated by the FCC in September 2025. However, experts still recommend obtaining clear, direct one-to-one consent because carriers and state laws continue tightening consent standards independently.

Can I buy leads that came with consent from another company?

No. The FCC clarified that consent is non-transferable and cannot be sold to another seller, and the burden of proving valid consent falls on the sender. A consumer who consented on a car loan comparison site, for example, has not consented to texts about loan consolidation, according to the FCC's rule summary.

What are acceptable ways to collect opt-in consent for business texting?

Five methods are recognized: website form opt-in (considered best practice), a Terms of Service page, SMS keyword opt-in, verbal consent, and point-of-sale or in-person signup. Whatever method you use, consent logging is treated as a compliance requirement, since the sender bears the burden of proving valid consent.

What happens if I text without proper consent or registration?

The risks are severe: TCPA class action filings spiked 283% in September 2025, and carriers block 100% of unregistered A2P 10DLC traffic as of February 1, 2025. T-Mobile alone fines up to $10,000 per content violation, and states like Virginia and Texas add penalties of $500–$5,000 and up to $1,500 per violation respectively.

How long do I need to honor a text opt-out?

Opt-outs must be immediate and durable — Virginia law requires honoring STOP/UNSUBSCRIBE requests for at least 10 years, with $500–$5,000 fines per violation. Texas adds penalties up to $1,500 per violation, with treble damages for willful violations. CallMyLeads handles opt-outs automatically and immediately so you never risk texting someone who said stop.

Consent Done Right Is a Competitive Advantage

Getting express consent right comes down to six elements: a written agreement, a signature, a clear disclosure that texts are coming, one identified seller, the specific phone number, and messages that actually relate to why the person opted in. Even though the FCC's one-to-one rule was vacated in 2025, the stakes keep climbing — TCPA class action filings spiked 283% in September 2025, and carriers now block 100% of unregistered text traffic, per industry compliance guidance. Your next steps: audit every opt-in form against the six elements, log consent records for every lead, honor opt-outs immediately, and confirm your A2P 10DLC registration is current. The good news is that compliant texting and fast lead response aren't in conflict — CallMyLeads builds explicit consent into every booking flow, handles opt-outs automatically, and keeps your registered text outreach running while your leads get answered in seconds. If you'd rather not wrestle with consent rules and missed leads at the same time, book a free 15-minute scoping call and see how the whole system fits your business.

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What is the minimum required for express consent?

Frequently Asked Questions

Consent Done Right Is a Competitive Advantage

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