Express written consent: what the TCPA written agreement must contain
Express written consent (also searched as "expressed written consent") is a signed written agreement in which a person authorizes a named seller to send marketing calls or texts using an autodialer or a prerecorded or artificial voice to a phone number they give. The FCC rule also requires a clear disclosure that agreeing is not a condition of purchase.
This page reflects the FCC rule text in the Electronic Code of Federal Regulations as amended through March 25, 2026, checked on October 6, 2026. It is general information, not legal advice. Have a lawyer review the consent language on your own forms.
Key points
- The FCC defines prior express written consent at 47 CFR 64.1200(f)(9): a written agreement, signed by the person called, that authorizes the seller and names the phone number.
- The agreement must carry a clear and conspicuous disclosure of what the person is authorizing and that agreeing is not a condition of purchase.
- An electronic or digital signature counts if federal law or state contract law recognizes it.
- It is a different standard from prior express consent, the Do Not Call "invitation or permission" agreement and the FTC’s Telemarketing Sales Rule agreements.
What prior express written consent means under the FCC rule
Prior express written consent is defined in 47 CFR 64.1200(f)(9). In the rule’s words, it is an agreement, in writing, bearing the signature of the person called that clearly authorizes the seller to deliver or cause to be delivered to the person called advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice, and the telephone number to which the signatory authorizes such messages to be delivered.
The rule uses this standard for marketing calls and texts to cell phones made with an autodialer or an artificial or prerecorded voice (64.1200(a)(2)) and for prerecorded or artificial voice marketing calls to residential lines (64.1200(a)(3)). Which calls need which consent is covered in TCPA consent. This page covers what the agreement itself must contain.
The elements of express written consent
Read the definition piece by piece and it contains eight elements. A lead form either shows each one or it does not.
| Element | What the rule says | How a lead form usually meets it |
|---|---|---|
| 1. An agreement | An agreement between the person and the seller | The person takes an action to agree, after reading the terms. |
| 2. In writing | The agreement is in writing | The consent text appears on the page, not only in a phone script. |
| 3. Signature | Bearing the signature of the person called; (f)(9)(ii) says this includes electronic or digital signatures recognized under federal law or state contract law | A click on a submit button placed with the disclosure, or a checkbox, recorded with time and device. |
| 4. The seller | Clearly authorizes the seller (the entity on whose behalf the call is made) | The consent text names the company or companies that may call. |
| 5. The contact type | Advertisements or telemarketing messages using an autodialer or an artificial or prerecorded voice | The text lists calls, texts and prerecorded or artificial voice messages. |
| 6. The phone number | The telephone number to which the person authorizes delivery | The number the person types in, with wording such as "at the number provided." |
| 7. Disclosure of authorization | A clear and conspicuous disclosure that by signing, the person authorizes these calls | A sentence such as "By clicking, you agree that..." next to the button. |
| 8. Disclosure of no condition | A clear and conspicuous disclosure that the person is not required to agree as a condition of purchasing property, goods or services | A sentence such as "Consent is not a condition of purchase." |
What "clear and conspicuous" means
The rule defines it at 64.1200(f)(3): a notice that would be apparent to the reasonable consumer, separate and distinguishable from the advertising copy or other disclosures. On a lead form, that points to consent text placed next to the submit button, in a readable size and contrast, and not mixed into a block of terms or marketing copy.
Who counts as "the seller"
The rule defines the seller at 64.1200(f)(10) as the person or entity on whose behalf a call or message is initiated to encourage a purchase. In lead generation, that is usually the buyer that will call the person (a law firm or a contractor, for example), not the publisher who ran the form. The consent has to clearly authorize the seller that makes or causes the call.
What is considered written consent?
Written consent does not have to be on paper. The FCC rule says the signature may be an electronic or digital form of signature, to the extent it is recognized as valid under applicable federal law or state contract law. The main federal law is the Electronic Signatures in Global and National Commerce Act (15 U.S.C. 7001), which says a signature or contract may not be denied legal effect solely because it is in electronic form.
In practice, a web form can create a written agreement when three things are true: the consent text is on the screen before the person acts, the person takes a deliberate action that is tied to that text, and a record ties the action to the person’s phone number, the page version and the time. Verbal agreement on a phone call, by itself, is not a written agreement.
Express written consent examples on lead forms
The wording below is an example written for this page. It is not a template approved by any regulator, and it is not the language used on Summit landers. "Example Roofing Co." is a made-up placeholder seller.
Example: single seller, calls and texts. By clicking "Get my quote," I agree that Example Roofing Co. may contact me about my roofing project at the phone number I entered, including by calls and text messages sent with an automatic telephone dialing system and by prerecorded or artificial voice messages. I understand that my consent is not a condition of purchasing any goods or services. Message and data rates may apply. I can opt out at any time.
Example: named sellers. By clicking "See my options," I agree that the companies listed here (Example Roofing Co., Example Exteriors LLC) may contact me at the number I entered about my home improvement project, including by autodialed calls and texts and prerecorded messages. Agreeing is not a condition of any purchase.
How each example maps to the elements: the button text ties the action to the agreement (elements 1 to 3), the seller names cover element 4, "calls and text messages sent with an automatic telephone dialing system and by prerecorded or artificial voice messages" covers element 5, "the phone number I entered" covers element 6, and the last sentences cover the two required disclosures (elements 7 and 8).
Checkbox or button?
The rule does not require a checkbox. It requires an agreement with a signature and the two disclosures. Some forms use a separate unchecked box for calls and texts; others use the submit button with the consent text directly above or next to it. Either way, the action has to be tied to the text the person saw, and the record has to show it. Publishers on Summit landers do not edit this language; see consent language publishers must not change.
How express written consent differs from other consent types
Several federal standards use similar words. They are not interchangeable.
| Standard | Where defined | What it requires | Used for |
|---|---|---|---|
| Prior express consent | 47 CFR 64.1200(a)(1) | Consent to be called; no written form or disclosure set out in the definition | Non-marketing autodialed or prerecorded calls and texts to cell phones |
| Prior express written consent | 47 CFR 64.1200(f)(9) | Signed written agreement naming the seller and number, with the two disclosures | Autodialed or prerecorded marketing calls and texts to cell phones; prerecorded marketing calls to homes |
| Prior express invitation or permission (Do Not Call) | 47 CFR 64.1200(c)(2)(ii) | A signed, written agreement that states the consumer agrees to be contacted by this seller and includes the number | Telephone solicitations to numbers on the National Do Not Call Registry |
| Express agreement in writing (TSR) | 16 CFR 310.4(b)(1)(iii)(B) and (b)(1)(v) | Written agreement with signature and number, authorizing calls by or on behalf of a specific party; for prerecorded calls, also clear disclosure and no condition of purchase | FTC rule for calls to registered numbers and prerecorded sales calls |
| Established business relationship | 47 CFR 64.1200(f)(5) | Not consent: a purchase within 18 months or an inquiry within 3 months, not ended by a do-not-call request | An exemption from the Do Not Call registry rule; it does not replace written consent for autodialed or prerecorded marketing |
One difference matters for lead generation. For prerecorded sales calls under the FTC’s Telemarketing Sales Rule, the FTC’s business guidance says the seller must obtain the written agreement directly from the person and cannot rely on a third party, such as a lead generator, to obtain it. See the Telemarketing Sales Rule page for how that rule fits with the TCPA.
The FCC one-to-one consent rule, which would have limited this consent to one seller at a time, was vacated in January 2025 and is not in the current text of 64.1200(f)(9). The background is in one-to-one consent: vacated.
How to review a form for express written consent
- The consent text sits next to or directly above the action button, visible without scrolling on mobile.
- It names the seller or sellers who will call, by a name the person would recognize.
- It lists every contact type the buyer will use: calls, texts, autodialed contacts, prerecorded or artificial voice messages.
- It ties the consent to "the number I entered" or similar wording.
- It says agreeing is not a condition of purchasing anything.
- The button or checkbox wording makes clear that the action is agreement.
- The record stores the consent text version, page URL, phone number, timestamp, IP address and device details.
- Each buyer confirms the consent covers the contact methods it uses before it buys.
Where this sits in the larger lead flow, from form to validation to sale, is covered in the lead generation industry guide. If you run traffic and want to send it to compliant landers, see the publisher program.
Summit captures TCPA consent on every MVA and home improvement lead, with a consent certificate.
Common mistakes
- Leaving out the "not a condition of purchase" line. It is one of the two required disclosures in 64.1200(f)(9)(i).
- Naming a category instead of a seller. "Local contractors" does not clearly identify the seller that will call.
- Consent for calls only, when the buyer texts. If the buyer sends automated texts, the text has to cover texts.
- Hiding the text in a terms link. Consent placed only in linked terms is not separate and distinguishable on the page.
- No record of the version shown. If the wording changes, you need to prove which version each lead saw. See record-keeping.
For publishers
Sending traffic to Summit landers? Read the publisher traffic guidelines and TCPA basics for lead gen affiliates. For how the wider industry works, see the lead generation industry guide.
Frequently asked questions
What does express written consent mean?
Under the FCC rule at 47 CFR 64.1200(f)(9), it means a written agreement signed by the person called that clearly authorizes a seller to send marketing calls or texts using an autodialer or a prerecorded or artificial voice to a phone number the person gives, with disclosures that they are authorizing this and that agreeing is not a condition of purchase.
What is an example of express consent?
A person types their number into a roofing quote form and clicks a button placed next to text saying that a named roofing company may call and text them at that number, including by autodialer and prerecorded messages, and that agreeing is not a condition of purchase. See the labeled examples on this page.
What is considered written consent?
A written agreement, on paper or electronic, with the person’s signature. The FCC rule says an electronic or digital signature counts if it is recognized as valid under federal law or state contract law, such as the E-SIGN Act.
Is express written consent the same as prior express written consent?
In TCPA discussions, yes. The FCC rule uses the term "prior express written consent," and people often shorten it to "express written consent."
Is this legal advice?
No. This page is general information about the federal rule text. Have a lawyer review your own consent language.
Related guides
- TCPA compliance hub: Every TCPA guide on the site.
- TCPA consent: Which calls need which consent, and revocation.
- TCPA compliance for SMS leads: Consent and opt-outs for text messaging.
- TCPA violations and fines: What happens when consent is missing.
- TCPA for lead generators: Consent in the lead generation flow.
Sources
- 47 CFR 64.1200, Delivery restrictions, Electronic Code of Federal Regulations
- 15 U.S.C. 7001, General rule of validity (E-SIGN Act), Legal Information Institute, Cornell Law School
- 16 CFR Part 310, Telemarketing Sales Rule, Electronic Code of Federal Regulations
- Complying with the Telemarketing Sales Rule, Federal Trade Commission
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