Informational calls require prior express consent, satisfied by providing a number in connection with the transaction. Marketing calls require prior express written consent with specific disclosures and a signature.
The burden of proving consent rests on the caller.
Alternative Names:
Express Consent|TCPA Consent
Why it Matters?
The caller bears the burden of proving consent, which makes documentation retention the entire defense, and a consent record that cannot be tied to the specific number called at the relevant time is inadequate. Written consent for marketing requires clear disclosure that the consumer will receive automated marketing calls and that consent is not a condition of purchase, and consent forms omitting either element fail. Retention beyond the limitations period is necessary.
Frequently Confused with
Related terms
Frequently asked questions
Who bears the burden of proving consent?
What must written marketing consent disclose?
