Businesses frequently obtain telephone numbers through customer applications, online forms, service requests, and commercial transactions.
However, possessing a consumer's telephone number does not automatically authorize every future call or marketing message.
The TCPA establishes consent requirements for certain communications. The form of permission required depends on the purpose of the contact and the technology used.
Consumers who understand these distinctions can better evaluate whether unwanted communications are authorized.
Why consent is important under the TCPA
Federal telephone privacy law distinguishes between communications that require consent and those that fall within exceptions.
Some artificial or prerecorded voice calls require prior express consent.
Covered telemarketing calls using these technologies generally require prior express written consent.
The distinction is important because a business may have permission to provide account information without having permission to deliver promotional robocalls.
What is prior express consent?
Prior express consent involves permission given before the relevant communication occurs.
Whether consent is sufficient depends on the applicable legal requirements and circumstances.
For some informational calls, providing a telephone number in connection with a transaction may be relevant.
However, permission should not be assumed without examining the communication and applicable rules.
What is prior express written consent?
Covered telemarketing calls using artificial or prerecorded voices generally require a written agreement satisfying regulatory requirements.
Electronic agreements may qualify when they comply with applicable law.
The disclosure must clearly authorize the relevant communications.
Consumers should be able to understand what they are agreeing to.
Online forms and disputed marketing permission
Consumers often enter telephone numbers when requesting quotes or product information.
A business may later claim that the submission authorized marketing communications.
However, the validity and scope of the agreement matter.
Can a quote request authorize promotional calls?
A quote request may include consent language covering specified communications.
Whether the permission is valid depends on the form, disclosure, and applicable rules.
A business cannot necessarily rely on an unrelated agreement to justify every marketing campaign.
Consumers should preserve copies of forms and confirmation messages when possible.
Did you know? Consent can be withdrawn
Consumers may revoke certain forms of consent through reasonable methods.
A clear request to stop receiving covered communications can trigger regulatory obligations.
The applicable rules generally require covered callers to honor valid revocation requests within ten business days.
The precise scope of revocation and applicable exceptions must be considered.
What happens after consent is revoked?
A business may need to stop particular communications once a valid revocation becomes effective.
Consumers should preserve evidence of the request and any later calls or messages.
Written records can help establish when permission was withdrawn.
However, not every communication received afterward necessarily violates the TCPA.
Some messages may fall within an applicable exception or separate authorization.
Common questions around TCPA consent
Does giving a business my number authorize robocalls?
Not automatically. The answer depends on the communication and applicable consent requirements.
Can electronic signatures establish written consent?
Yes, when the agreement satisfies applicable electronic signature and TCPA requirements.
Can I revoke permission by replying STOP?
A clear STOP request can be a recognized method of revoking consent for covered messages.
Does consent to informational calls include marketing?
Not necessarily. Different communications may require different forms of permission.
Can a business call after consent is withdrawn?
Some communications may remain lawful, but covered calls must comply with applicable revocation requirements.
For more information, visit: https://robocalllawsuit.com/tcpa/
