TCPA Consent & Outbound Calling Compliance

Overview

This page covers the pre-call legal consent requirements for outbound calling under the Telephone Consumer Protection Act (TCPA). It's distinct from the Recording Consent Plan page, which covers in-call GDPR/CCPA consent to being recorded, and from Caller ID & Spam Prevention, which covers STIR/SHAKEN, CNAM, and reputation — not consent law.

The TCPA applies only to outbound calls; it does not apply to inbound calls a customer initiates to you.

The level of consent required depends on whether the outbound call is marketing or non-marketing in nature:

For marketing calls, you must obtain both of the following:

• A signed written agreement from the recipient (the signature can comply via E-SIGN Act methods — email, a website form, a telephone keypress, a text message, or a voice recording)
• A clear and conspicuous disclosure stating that the consumer agrees to receive calls using an artificial or prerecorded voice at the number(s) provided, and that this consent is not a condition of purchasing any goods or services

Sample disclosure language you can adapt:

By [signing below / checking this box / clicking "I Accept"], I consent to receive marketing calls from and on behalf of [Company] and its affiliates, including calls made using an artificial or prerecorded voice, an automated telephone dialing system, or automated texting system. Consent is not a condition of purchasing any goods or services.

For non-marketing calls, no written agreement is required — express and obvious consent is sufficient. This can generally be established for any phone number the consumer provided in connection with the transaction between you and them.

Sample disclosure language you can adapt:

By [signing below / checking this box / clicking "I Accept"], I consent to receive non-marketing calls from and on behalf of [Company] and its affiliates, including calls made using an artificial or prerecorded voice or an automated telephone dialing system.

"Marketing" is interpreted broadly. A call counts as marketing if it:

• Encourages the purchase, rental, or investment in property, goods, or services
• Advertises the commercial availability or quality of any property, goods, or services

When in doubt about whether a call qualifies as marketing, treat it as marketing and obtain the higher standard of consent (PEWC).

• A consumer must affirmatively opt in — a pre-checked box does not qualify as consent.
• Consumers may revoke consent at any time, through any reasonable means (for example, a telephone keypress, speaking with a representative, or an online portal). You must provide a clear opt-out procedure and honor every opt-out request.
• Signatures for written consent can be satisfied through E-SIGN Act-compliant methods: email, a web form, a phone keypress, a text message, or a voice recording.

This page is guidance, not legal advice. It does not cover every telemarketing law that may apply to your outbound calling program — including federal Do-Not-Call rules or state-specific telemarketing law. Consult a qualified attorney who specializes in telemarketing compliance before relying on this guidance for your own outbound calling program.