TCPA Consent Requirements 2025

Understanding the TCPA

The Telephone Consumer Protection Act (TCPA), enacted in 1991 and amended multiple times since, is the primary federal law governing telemarketing and automated communications. The law was created to address consumer complaints about unwanted calls and the intrusiveness of automated calling technology.

The TCPA restricts calls made using automatic telephone dialing systems (ATDS), prerecorded or artificial voice messages, and unsolicited fax advertisements. Violations can result in statutory damages of $500 per violation, trebled to $1,500 for willful or knowing violations. Given that a single marketing campaign can involve millions of calls, potential liability under the TCPA is enormous.

Recent Regulatory Developments

The TCPA landscape continues to evolve through FCC rulemakings and court decisions. Key recent developments include:

• 2024 One-to-One Consent Order — Requires consent to be specific to each seller
• Lead generator restrictions — Limits on sharing consent across multiple companies
• ATDS definition refinement — Following the Facebook v. Duguid Supreme Court decision
• Enhanced DNC requirements — Stricter do-not-call list compliance
• Robotext regulations — Text messages subject to same rules as calls

Types of TCPA Consent

Prior Express Consent

Prior express consent is the most basic form of consent under the TCPA. It applies to:

• Non-telemarketing calls to wireless numbers
• Informational calls (appointment reminders, shipping notifications)
• Calls that don't use an autodialer or prerecorded voice

Prior express consent can be oral or written. Providing a phone number in a transaction typically constitutes prior express consent for communications related to that transaction. However, this consent does not extend to marketing or unrelated purposes.

Prior Express Written Consent

Prior express written consent is required for marketing and advertising calls or texts made using an autodialer or prerecorded voice to wireless numbers. This higher standard requires:

• Written agreement — Must be in writing (paper or electronic)
• Clear authorization — Consumer explicitly agrees to receive marketing calls/texts
• Identification of the caller — Must identify who will be calling
• Phone number provided — Consumer specifies the number to call
• Signature — Consumer's signature (electronic signature acceptable)
• Not a condition of purchase — Cannot require consent to complete a transaction

Prior Express Invitation or Permission

For calls to residential landlines using prerecorded messages, the TCPA requires prior express invitation or permission, which has similar requirements to written consent but with some specific elements for residential calling scenarios.

The One-to-One Consent Rule

What Changed in 2024

The FCC's 2024 order on lead generators and consent fundamentally changed how businesses can use consent obtained through third parties:

• Seller-specific consent — Consent must specifically identify each seller who will call
• No more blanket consent — Consent to a general category of callers is insufficient
• Logical and topical relationship — Calls must relate to the purpose of the consent
• Lead generator liability — Lead generators share responsibility for consent validity

Impact on Lead Generation

The one-to-one consent rule significantly impacts how leads are generated and used:

• Lead forms must explicitly list each company that may contact the consumer
• Consumers must select or agree to each specific seller
• Generic "marketing partners" language is no longer sufficient
• Comparison shopping sites must change their consent flows

Implementation Timeline

The FCC provided a transition period for implementation:

Date	Requirement
January 2025	One-to-one consent rule takes effect
Ongoing	Prior consent obtained under old rules may be honored based on when obtained

Reassigned Number Liability

The Consent-Follows-Person Problem

TCPA consent is tied to the person who provided it, not the phone number. When a phone number is reassigned to a new subscriber, your consent from the previous subscriber does not transfer. Each call to the new subscriber is a potential TCPA violation.

Key statistics on reassigned numbers:

• ~35 million numbers reassigned annually in the US
• Average reassignment time — 90 days after disconnection
• Each improper call — $500-$1,500 in potential liability
• Class actions — Multiple lawsuits target high-volume callers

FCC Reassigned Numbers Database

The FCC created the Reassigned Numbers Database (RND) to help callers identify reassigned numbers. Using the RND provides a safe harbor:

• Query numbers before calling
• Database indicates if number was reassigned after your consent date
• One free call after reassignment for informational purposes
• Safe harbor protection for good-faith users

However, the RND has limitations, and many organizations supplement it with other data sources.

Using LRN Activation Date for Protection

LRN (Location Routing Number) Activation Date provides an alternative method to detect potentially reassigned numbers:

# Check for potential reassignment
def check_reassignment_risk(phone_number, consent_date):
    lookup_result = lrn_api.lookup(phone_number)
    activation_date = lookup_result['lrn']['activation_date']

    if activation_date and activation_date > consent_date:
        # Number may have been reassigned after consent was obtained
        return {
            'risk': 'HIGH',
            'reason': 'Activation date is after consent date',
            'activation_date': activation_date,
            'consent_date': consent_date,
            'recommendation': 'Do not call without re-verification'
        }
    return {'risk': 'LOW'}

Establishing Valid Consent

Consent Form Best Practices

Design your consent forms to meet TCPA requirements:

1. Clear and conspicuous — Consent language should be prominent, not buried in fine print
2. Specific purpose — State the purpose of the calls/texts
3. Identify callers — List specific companies that will call (one-to-one consent)
4. Phone number field — Consumer enters the number to receive calls
5. Separate from transaction — Consent checkbox separate from purchase agreement
6. Clear opt-out information — Explain how to revoke consent

Sample Consent Language

Example of compliant written consent language:

"By checking this box and providing my phone number, I consent to receive automated marketing calls and text messages from [Specific Company Name] at the phone number I have provided. I understand that my consent is not required to make a purchase, and I may revoke my consent at any time by [method of revocation]. Message and data rates may apply. Message frequency varies."

Consent Documentation

Maintain comprehensive records of consent:

• Timestamp — When consent was obtained
• Source — Where consent was collected (website, form, app)
• IP address — For electronic consent
• Consent language — Exact text the consumer agreed to
• Phone number — Number provided by consumer
• Session data — Browsing session information if applicable

Consent Revocation

Consumer Rights

Consumers can revoke consent at any time through any reasonable means:

• Verbal request during a call
• Text reply (STOP, QUIT, UNSUBSCRIBE, etc.)
• Email request
• Website opt-out form
• Written letter

Processing Revocation

When consent is revoked, you must:

1. Honor immediately — Stop calling/texting as soon as reasonably possible
2. Update records — Mark the record as opted out
3. Propagate changes — Ensure all systems and partners are updated
4. Confirm if requested — Send confirmation of opt-out when asked
5. Document the revocation — Maintain records of opt-out requests

Standard Text Keywords

For SMS, honor these standard opt-out keywords:

• STOP
• QUIT
• END
• CANCEL
• UNSUBSCRIBE

Do Not Call Requirements

National Do Not Call Registry

Telemarketers must check the National DNC Registry and honor it:

• Update frequency — Access fresh data at least every 31 days
• Scrub before calling — Remove DNC numbers from call lists
• Established business relationship exception — May call existing customers for 18 months
• Written permission exception — May call with prior written consent

Company-Specific DNC Lists

Beyond the national registry, maintain your own DNC list:

• Honor verbal and written DNC requests
• Process requests within a reasonable time (typically 10 business days)
• Maintain list for at least 5 years
• Train staff on DNC procedures

Autodialer (ATDS) Definition

Post-Duguid Landscape

The Supreme Court's 2021 decision in Facebook v. Duguid narrowed the definition of an autodialer:

• ATDS must have capacity to generate random or sequential phone numbers
• Equipment that merely dials from a stored list is not an ATDS
• This narrower definition reduces (but doesn't eliminate) TCPA exposure

What Still Requires Consent

Even with the narrower ATDS definition, consent remains important:

• Prerecorded messages — Still require consent regardless of dialing method
• State laws — Many states have broader definitions
• Risk management — Consent protects against future regulatory changes
• Consumer trust — Consent is good practice for customer relationships

SMS/Text Message Requirements

TCPA Applies to Texts

Text messages are treated the same as calls under the TCPA:

• Autodialed texts to wireless numbers require consent
• Marketing texts require prior express written consent
• Each unsolicited text is a separate violation
• Opt-out mechanisms must be provided

SMS-Specific Considerations

Additional requirements for text messaging:

• Clear identification — Identify yourself in the message
• Opt-out instructions — Tell recipients how to opt out
• Message frequency — Disclose expected volume
• Rate disclosure — Mention possible message and data rates
• CTIA guidelines — Follow industry best practices

Building a TCPA Compliance Program

Key Components

1. Written policies — Document consent and calling procedures
2. Training — Educate all staff who make calls or handle consent
3. Technology — Implement systems to track consent and scrub lists
4. Vendor management — Ensure partners comply with your standards
5. Monitoring — Audit calling practices regularly
6. Complaint handling — Process complaints and DNC requests promptly

Pre-Call Validation Workflow

def validate_before_calling(contact):
    checks = []

    # Check consent status
    if not contact.has_valid_written_consent:
        return {'can_call': False, 'reason': 'Missing written consent'}

    # Check DNC lists
    if is_on_national_dnc(contact.phone) and not contact.has_ebr:
        return {'can_call': False, 'reason': 'On National DNC'}

    if is_on_company_dnc(contact.phone):
        return {'can_call': False, 'reason': 'On company DNC list'}

    # Check for reassignment
    lrn_data = lookup_lrn(contact.phone)
    if lrn_data.activation_date > contact.consent_date:
        return {'can_call': False, 'reason': 'Possible reassignment'}

    return {'can_call': True}

Enforcement and Penalties

Statutory Damages

Violation Type	Minimum Damages	Maximum (Willful)
Single violation	$500	$1,500
Class action (10,000 calls)	$5,000,000	$15,000,000
Large campaign (1M calls)	$500,000,000	$1,500,000,000

Recent Enforcement Trends

• Increased class action activity
• FCC fines in the hundreds of millions
• State AG enforcement actions
• Focus on lead generation practices
• Scrutiny of consent language

Frequently Asked Questions

Does the TCPA apply to B2B calls?

The TCPA's autodialer provisions apply to calls to wireless numbers regardless of whether they're personal or business phones. If a business executive's cell phone is called with an autodialer without consent, that's a TCPA violation. However, calls to business landlines have fewer restrictions. Many businesses have employees using personal cell phones for work, so assume TCPA applies.

How long is TCPA consent valid?

TCPA consent doesn't have a built-in expiration date, but it can become stale or questionable. Best practice is to refresh consent periodically and always re-verify if you haven't contacted someone for an extended period (e.g., more than 18-24 months). Consent obtained years ago may be challenged, especially if you can't produce documentation.

Can I text someone who gave me their phone number?

Providing a phone number alone is not sufficient consent for marketing texts. While it may constitute prior express consent for informational messages related to a transaction, marketing messages require prior express written consent that specifically authorizes marketing communications. Always get clear written consent for any marketing texts.

What happens if I call a reassigned number?

Calling a reassigned number without the new subscriber's consent is a TCPA violation, even if you had valid consent from the previous subscriber. This is strict liability — your good faith doesn't prevent liability. Use the FCC's Reassigned Numbers Database and LRN Activation Date data to identify potentially reassigned numbers before calling.

Do I need written consent for appointment reminders?

Appointment reminders typically require only prior express consent (oral is acceptable) as long as they're informational and not marketing. However, if your reminder includes any promotional content, you need prior express written consent. Healthcare providers should also consider HIPAA implications and ensure messages don't contain protected health information.