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Consent for Text Messaging

What's the difference between informed consent and expressed consent?

Back to InsightsWhat's the difference between informed consent and expressed consent?

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.

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