What is prior express written consent?
Prior express written consent is a signed written agreement in which a person allows a seller to send them autodialed or prerecorded telemarketing calls.
What it must include
FCC rules define prior express written consent as a written agreement, signed by the person called, that clearly authorizes the seller to deliver advertisements or telemarketing messages using an autodialer or an artificial or prerecorded voice. It must include the phone number the calls may go to. The agreement must clearly and conspicuously disclose that:
- signing it authorizes those calls, and
- the person does not have to sign it, or agree to it, as a condition of buying anything.
Electronic or digital signatures count if they are valid under federal law or state contract law.
When it applies
The FCC says written consent, on paper or by electronic means such as a website form or a telephone keypress, is required before a prerecorded telemarketing call to a landline, or an autodialed or prerecorded telemarketing call to a wireless number. Under FCC rules a person can revoke consent by any reasonable method, such as replying "stop" to a text message.
This is a general definition, not legal advice.