What types of calls require prior express written consent?
Key Facts
- CallMyLeads registers business texting under US carrier A2P 10DLC rules to ensure compliant message delivery per compliance documentation.
- Telemarketing quiet-hours laws are automatically followed for every outbound call and text campaign per compliance documentation.
- Opt-out requests are honored immediately and automatically across all communication channels per compliance documentation.
- HIPAA-aligned configuration restricts medical scripts to approved content with no diagnosis or treatment advice per compliance documentation.
- Known spam numbers are screened before they reach your team to prevent wasted time per compliance documentation.
- Booking flows collect explicit consent before any automated follow-up begins per compliance documentation.
- Every plan includes full compliance coverage across all-channel answering, text-back, and nurture sequences per pricing documentation.
Frequently Asked Questions
What types of calls require prior express written consent?
Telemarketing calls and texts made with an autodialer or artificial/prerecorded voice to cell phones generally require prior express written consent. Marketing texts to consumers also fall under this rule, which is why every booking flow should collect explicit consent up front.
Do I need written consent to text a customer who filled out a form on my website?
If the text is marketing-related, yes — you need prior express written consent before sending it. The cleanest approach is a clear disclosure and consent checkbox right on the form, so consent is captured before the first message ever goes out.
Does prior express written consent apply to appointment reminders?
Purely informational messages like appointment reminders are treated differently from marketing messages, but the safest practice is still to collect consent when the appointment is booked. Building consent into your booking flow means reminders, confirmations, and follow-ups are all covered.
What counts as valid prior express written consent?
Valid consent means a clear written agreement that authorizes the business to call or text the number provided, with a disclosure of what the consumer is agreeing to. It has to be obtained without making the agreement a condition of purchase, and consumers must be able to opt out at any time.
What happens if I call or text without the required consent?
Calling or texting without required consent exposes your business to TCPA complaints and statutory damages, which can add up quickly across multiple messages. Getting consent documented before the first contact is far cheaper than defending a violation later.
How do I make sure my lead follow-up stays compliant?
Collect explicit consent at every lead source — forms, ads, chat, and booking flows — honor opt-outs immediately and automatically, and respect telemarketing quiet hours. Services like CallMyLeads handle this as part of setup, including carrier registration under A2P 10DLC rules, so your follow-up runs compliant by default.