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Definition
Prior Express Consent is the baseline level of permission required under the TCPA to make certain non-marketing autodialed or prerecorded calls and texts, such as informational or transactional messages. For example, when you give a business your phone number in connection with a service, that can count as prior express consent for related informational contact. It is important to understand that this is a lower standard than what marketing requires: marketing calls require prior express written consent, a higher and more formal threshold. The exact way consent is gathered, documented, and revoked often varies by situation and by how courts and regulators interpret the facts. Businesses typically keep records showing how and when consent was obtained, because the burden of proving valid consent generally falls on the caller, not the consumer.
Also Known As
PEC
TCPA Consent
Express Consent
Prior Consent
Used in Context
- Your pharmacy can send an autodialed prescription-ready text because you provided your number for that purpose, which counts as prior express consent.
- A lead-gen platform like Dreamy Leads distinguishes prior express consent for informational follow-ups from the written consent needed before marketing calls.
- When a borrower gives their cell number on a loan application, that often establishes prior express consent for servicing reminders about the account.
What's the difference between prior express consent and written consent?
Prior express consent is the baseline standard under the TCPA for non-marketing calls or texts, like informational messages. Marketing calls require the higher standard of prior express written consent. The distinction matters because using a number for marketing without written permission can violate the TCPA.
Does giving my phone number count as prior express consent?
Often, giving your number in connection with a service can count as prior express consent for related, non-marketing contact. It generally does not authorize marketing calls, which require prior express written consent. How consent is interpreted varies by situation and the facts a caller can document.
Can I revoke prior express consent?
Yes, you can typically revoke consent to be contacted, though the exact method and timing can vary by situation. Once you revoke, a business should stop the covered autodialed or prerecorded contact. The caller generally bears the burden of proving valid consent was in place.
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