TCPA consent: what the rules require for calls and texts
TCPA consent is the permission a person gives before a business may call or text them using an autodialer or a prerecorded or artificial voice. For marketing calls and texts to cell phones, the FCC rule requires prior express written consent. Lead forms capture it with signed, clearly disclosed consent language.
This page reflects the rule text in the Electronic Code of Federal Regulations as amended through March 25, 2026, checked on October 6, 2026. TCPA rules have changed several times in recent years; check the official sources linked here before relying on any point. This is general information, not legal advice.
Key points
- The level of TCPA consent depends on the technology used and whether the call or text is marketing.
- Marketing calls and texts to cell phones made with an autodialer or a prerecorded or artificial voice require prior express written consent under 47 CFR 64.1200(a)(2).
- A person may revoke consent by any reasonable method, and the FCC rule lists methods that count as revocation per se.
- The FCC one-to-one consent rule was vacated by a federal appeals court in January 2025 and is not in the current rule text.
What is TCPA consent?
The Telephone Consumer Protection Act (47 U.S.C. 227) restricts calls and texts made with an automatic telephone dialing system or an artificial or prerecorded voice, and the FCC’s rules at 47 CFR 64.1200 set out the details. Consent is the main exception: a call that would otherwise be restricted is allowed when the person called has given the right kind of consent.
TCPA consent is specific. It covers a phone number, a seller, and a type of message. Consent to be called about one thing is not consent to be called about everything, and consent can be withdrawn.
Which calls and texts need which consent?
The rule sets two levels of consent. Which one applies depends on the technology used, the type of line, and whether the call is marketing. In general terms:
| Call or text | Consent level in the FCC rule | Where in 47 CFR 64.1200 |
|---|---|---|
| Marketing call or text to a cell phone using an autodialer or an artificial or prerecorded voice | Prior express written consent | (a)(2) |
| Prerecorded or artificial voice marketing call to a residential line | Prior express written consent | (a)(3) |
| Non-marketing call or text to a cell phone using an autodialer or an artificial or prerecorded voice (for example, an informational message) | Prior express consent | (a)(1) |
| Marketing call to a number on the National Do Not Call Registry | Covered by the Do Not Call rules, with their own exemptions | (c) |
Courts have also narrowed what counts as an automatic telephone dialing system. In Facebook, Inc. v. Duguid (2021), the Supreme Court held that equipment must have the capacity to store or produce numbers using a random or sequential number generator. That decision did not change the prerecorded and artificial voice rules, or state laws that set their own rules. The Do Not Call side is covered in Do Not Call list for businesses.
Prior express consent vs prior express written consent
| Prior express consent | Prior express written consent | |
|---|---|---|
| Used for | Non-marketing autodialed or prerecorded calls and texts to cell phones | Marketing autodialed or prerecorded calls and texts to cell phones, and prerecorded marketing calls to residential lines |
| Form | Not required to be written | A written agreement bearing the person’s signature (electronic signatures can count) |
| Required disclosure | None set out in the definition | Clear and conspicuous disclosure that the person authorizes these calls and is not required to agree as a condition of purchase |
| Defined at | 47 CFR 64.1200(a)(1) | 47 CFR 64.1200(f)(9) |
Lead generation is marketing: the person is asking to be contacted about a service a seller provides. That is why lead forms for calls and texts are built around prior express written consent. What the written agreement must contain, with examples of how it is shown on a form, is covered in detail in prior express written consent.
How lead forms capture TCPA consent
On a lead form, consent is usually captured in four parts. Each part matches something the rule or a buyer needs:
The disclosure
Consent language near the submit button that says who may contact the person, how (calls, texts, prerecorded messages), and that agreeing is not a condition of purchase.
The signature
An action the person takes to agree, such as clicking a submit button placed with the disclosure. The rule allows electronic signatures recognized under federal or state law.
The phone number
The number the person enters is the number the consent covers. Consent does not carry over to other numbers.
The record
A record of what the person saw and did: the page, the consent text, the time, the device and the number. In lead generation this record is often stored as a consent certificate.
Who keeps the records and for how long is covered in TCPA consent record-keeping. On Summit landers, TCPA consent is captured on every lead and leads carry consent certificates.
How consent is revoked
Under 47 CFR 64.1200(a)(10), a person may revoke prior express consent, including prior express written consent, by any reasonable method that clearly says they do not want further calls or texts. The rule lists methods that count as revocation on their own, including replying to a text with words such as "stop," "quit," "end," "revoke," "opt out," "cancel" or "unsubscribe," and using an opt-out mechanism on a call or a website or number the caller designates for opt-outs. A caller may not require one exclusive method.
For lead buyers, that means a lead’s consent can end after the lead is sold. Buyers honor revocations in their own systems; sellers and publishers should not send a lead again for a number that has opted out.
What happened to the one-to-one consent rule?
In December 2023 the FCC adopted a rule that would have limited prior express written consent to one seller at a time. Before it took effect, the U.S. Court of Appeals for the Eleventh Circuit vacated it in Insurance Marketing Coalition Ltd. v. FCC (January 24, 2025). The current text of 47 CFR 64.1200(f)(9) does not contain one-to-one language. The background is in TCPA one-to-one consent rule: vacated.
State rules on top of the TCPA
Several states have their own telemarketing and consent laws, some with different definitions of an autodialer, different calling hours or their own do-not-call lists. Federal consent does not automatically satisfy a state rule. See state TCPA laws for how state laws layer on top of the federal rules.
Buying or sending MVA and home improvement leads? Consent is captured on every Summit lead.
A TCPA consent checklist for lead forms
- The consent language sits next to the submit button, in readable size and contrast.
- It names who may contact the person, or makes clear who the seller is.
- It says how they may be contacted: calls, texts, prerecorded or artificial voice messages.
- It states that agreeing is not a condition of purchasing anything.
- The person takes a clear action to agree, and that action is recorded.
- The record ties the consent to the phone number entered, the page version, the time and the device.
- Revocations are honored by any reasonable method, and the number is not sent again after opting out.
- State rules are checked for every state you generate or buy leads in.
Common mistakes
- Consent language below the fold or after the button. If a person cannot see it before agreeing, it is not clear and conspicuous.
- Changing consent language on a hosted lander. Publishers who send traffic to Summit landers do not change or remove it. See consent language: what publishers must not change.
- Treating consent as permanent. Consent can be revoked, and revocation must be honored by any reasonable method.
- Relying on rules that changed. The one-to-one consent rule never took effect. Check current rule text, not older summaries.
- Keeping no record. Without a record of what the person saw and did, consent is hard to prove.
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 consent does the TCPA require for marketing texts?
Marketing texts to cell phones sent with an autodialer are treated like calls under the FCC rule and require prior express written consent under 47 CFR 64.1200(a)(2). See TCPA compliance for SMS leads.
Does clicking a submit button count as a signature?
The rule says a signature includes an electronic or digital form of signature to the extent it is recognized as valid under federal law or state contract law. Lead forms commonly use a clear action next to the disclosure. Confirm your setup with counsel.
Is the FCC one-to-one consent rule in effect?
No. The Eleventh Circuit vacated it in January 2025 before it took effect, and it is not in the current text of 47 CFR 64.1200.
How long does TCPA consent last?
The FCC rule does not set an expiry date for consent, but consent ends when the person revokes it. Many buyers set their own limits on how old consent may be. See record-keeping.
Is this legal advice?
No. This page is general information about the federal rules as published. Talk to a lawyer about your own calls, texts and forms.
Related guides
- TCPA compliance hub: Every TCPA guide on the site.
- Prior express written consent: What the written agreement must contain.
- TCPA violations and fines: What counts as a violation and the statutory damages.
- One-to-one consent rule: What happened and what it means.
- Consent record-keeping: What records to keep and for how long.
Sources
- 47 U.S.C. 227, Restrictions on use of telephone equipment, Legal Information Institute, Cornell Law School
- 47 CFR 64.1200, Delivery restrictions, Electronic Code of Federal Regulations
- Facebook, Inc. v. Duguid, 592 U.S. 395 (2021), Supreme Court of the United States
- Insurance Marketing Coalition Ltd. v. FCC, No. 24-10277 (11th Cir. 2025), U.S. Court of Appeals for the Eleventh Circuit
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