
What's the difference between informed consent and expressed consent?
Key Facts
- TCPA violations cost $500 per text, rising to $1,500 for willful violations, per legal guidance.
- Recent TCPA class action judgments have exceeded $925 million, according to TCPA attorneys.
- FCC penalties reach $16,000 per violation — $26,000 for intentional ones, per regulatory analysis.
- Consent can be revoked 'at any time by any reasonable means' — even non-standard texts like 'leave me alone', per TCPA rules.
- No record of consent means regulators treat it as never collected, compliance experts warn.
- Florida, Maryland, and Oklahoma 'mini-TCPA' laws are stricter than federal rules — some carry criminal penalties, per legal analysis.
- GDPR fines can hit 4% of annual global revenue or €20 million, whichever is greater, per privacy law summaries.
Consent Done Right Is a Speed Advantage, Not a Speed Bump
The difference comes down to this: expressed consent is the permission you get when someone hands you their number, while informed consent is the formal, documented agreement the law requires before you text them anything with a sales angle — and that agreement has to disclose automated technology, name the specific number, and make clear that buying isn't a condition of signing. Get it wrong and the stakes are steep: $500 to $1,500 per message in statutory damages, with no good-faith exception if your records are thin. So here's your next step: audit your booking and form flows this week. Check that your consent language covers the four required elements, that you can produce a timestamped record for every lead, and that opt-outs — even awkwardly worded ones — are honored instantly. At CallMyLeads, consent collection and compliance are built into every response flow, so fast follow-up never puts you at risk. Want a second set of eyes on how your lead response handles consent? Book a free 15-minute scoping call at callmyleads.app and we'll walk through it with you.