What constitutes TCPA 'express written consent' for SMS marketing?

TCPA express written consent for SMS marketing requires five elements: (1) written form — electronic checkbox, digital signature, or keyword reply is sufficient; (2) clear disclosure of who will send messages; (3) the types of messages to be sent; (4) estimated message frequency and message/data rate disclosure; (5) how to opt out. The consumer must take an affirmative action — pre-checked boxes do not constitute express consent. All five elements must be documented and retained.

What is the difference between express written consent and prior express consent for TCPA?

Prior express consent (lower standard) covers informational and transactional messages — a consumer who provides their phone number in connection with a transaction or inquiry implicitly consents to receive related communications. Express written consent (higher standard) is required for marketing messages and must include the specific disclosure elements enumerated in FCC regulations. Marketing campaigns without express written consent carry significantly higher TCPA litigation risk than informational campaigns.

Can a purchase transaction serve as TCPA consent for marketing SMS?

No. A purchase transaction, account creation, or service enrollment does not constitute express written consent for marketing SMS unless the opt-in form or purchase agreement includes an explicit SMS disclosure checkbox that the consumer affirmatively checks. The FCC has confirmed that transactional relationships do not create implicit consent for promotional text messages. Prior express consent obtained through a transaction only covers transactional messages directly related to that transaction.

How should an opt-in form checkbox be configured to satisfy TCPA requirements?

TCPA-compliant checkbox configuration: the checkbox must be unchecked by default (no pre-selection), the disclosure language must appear adjacent to the checkbox and be visible without scrolling, the disclosure must state who will contact the consumer (specific business name), what types of messages will be sent, how often, that message and data rates may apply, and how to opt out. The checkbox must be independent of any other agreement (terms of service, purchase consent) — bundling TCPA consent with other agreements creates compliance risk.

Does website opt-in consent transfer to affiliate marketing SMS campaigns?

No, unless the opt-in disclosure explicitly identifies the affiliates who will send messages. The FCC's January 2025 one-to-one consent rule requires that consent specify the individual business sending messages — generic opt-ins authorizing messages from 'our partners and affiliates' no longer satisfy TCPA requirements. Each business sending marketing SMS must obtain direct, named consent from each recipient through a disclosure that specifically identifies that sender.

TCPA Compliant Opt-In Template

Why TCPA Compliance is Non-Negotiable

The Telephone Consumer Protection Act (TCPA) requires businesses to obtain "Express Written Consent" before sending promotional text messages. Violations can result in statutory damages of $500 to $1,500 per message sent. Without a compliant opt-in form, your business is a target for class-action lawsuits.

Legal Risk:
$1,500/msg Fine

Carrier Penalty:
Immediate Block

Protection:
Explicit Opt-In

What Defines "Express Written Consent"?

It's more than just asking for a phone number. The user must take an affirmative action (like checking a box) to agree to a specific disclosure that mentions automated messages.

The Compliant Opt-In Template

Use this exact language next to the checkbox on your web forms. Crucial: The checkbox MUST be unchecked by default.


                        By checking this box, I agree to receive recurring automated promotional and personalized marketing text messages (e.g. cart reminders) from [Brand Name] at the cell number used when signing up. Consent is not a condition of any purchase. Reply HELP for help and STOP to cancel. Msg frequency varies. Msg & data rates may apply. View Terms & Privacy.

How to Implement

1

Replace [Brand Name]: Insert your legal business name or DBA.
2

Link Policies: Hyperlink "Terms & Privacy" to your actual policy pages.
3

Place Near Button: Position this text immediately above the "Submit" or "Sign Up" button.

Key Compliance Rules

To satisfy TCPA and Carrier 10DLC requirements, your opt-in flow must adhere to these standards:

Affirmative Action

No pre-checked boxes. The user must physically check the box to opt in.

Clear Disclosure

You must state that messages are automated and frequency varies.

Cost Warning

"Msg & data rates may apply" is mandatory carrier language.

Opt-Out Instructions

Users must be told how to stop messages (e.g., "Reply STOP").

Validate Your Opt-In Language

Not sure if your current form is compliant? Use our free validator tool to check your specific language against 50+ compliance rules.

Check My Form

Frequently Asked Questions

Is a "double opt-in" required?

It is not legally required by TCPA, but it is highly recommended as a best practice to verify the handset owner and create a robust audit trail.

Does this apply to transactional messages?

Transactional messages (like order receipts) have a slightly lower consent standard ("prior express consent"), but using this comprehensive template covers you for both marketing and transactional use cases safely.

Can I hide this in my Terms of Service?

No. The disclosure must be "clear and conspicuous," meaning visible to the user at the point of sign-up, not buried in a linked document.

Privacy Policy

Template with SMS sharing clause.

Download

TCPA Guide

Deep dive into legal risks.

Read Guide

Carrier Checklists

Platform-specific requirements.

View Checklists

Legal Disclaimer: This TCPA Opt-In Template provides general compliance language based on published regulations and does not constitute legal advice. Requirements may vary by jurisdiction and business model. Organizations should consult qualified legal counsel to verify compliance with the TCPA and other applicable laws. MyTCRPlus does not provide legal advisory services.