Express written consent

Prior express written consent

SMS Marketing

Express written consent is clear, signed (including electronic) permission from a consumer to get automated marketing texts or calls from a specific business.

What is Express written consent?

Under the FCC's TCPA rules (47 CFR 64.1200), marketing texts sent with an autodialer need prior express written consent. That means a written agreement, which can be a web form checkbox or a keyword text, that clearly authorizes the business to send marketing messages to that number. Good consent language names the business, says messages are marketing and may be automated, says consent isn't a condition of purchase, and mentions message frequency, rates and STOP/HELP. Keep the record: who agreed, when, where and to what wording.

Example

A checkout checkbox reads: "Yes, send me marketing texts from Acme at this number. Consent isn't required to buy. Msg & data rates may apply. Reply STOP to cancel."

Why Express written consent Matters

TCPA claims are costly, and the consent record is your defense.

Express written consent FAQ

Does a customer's phone number at checkout count as consent?

No. A number given for an order isn't consent to marketing texts. Ask separately and clearly.

What should a text consent checkbox say?

Name the business, say the messages are marketing and may be automated, say consent isn't a condition of purchase, and mention frequency, rates and STOP. This summarizes the FCC rule and isn't legal advice.

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