Valid TCPA Prior Express Written Consent (“PEWC”) Disclosure

1. Disclosure must be collected before ANY marketing calls or texts (i.e. promotional / advertising content) whatsoever.

2. Disclosure should be dated and include consumer’s phone number as submitted.

3. Disclosure should be separated and distinct from other terms or language. It must be

“clear and conspicuous”, not hidden in T’s and C’s.

4. Disclosure must be apparent BEFORE the user clicks and not pop up only after.

5. Clearly explain how consent agreement is to be “signed” by consumer.

6. The “Seller” must be specifically identified. (And if calls may be made by affiliated third

parties, the disclosure must say so.)

7. The word “marketing” or “promotion” MUST appear.

8. The disclosure should mention texts (or SMS) if texts may be sent.

9. Any use of ATDS (Automatic Telephone Dialing Systems) must be mentioned.

10. Any use of pre-recorded/artificial voices and/or AI must be mentioned.

11. The content of calls/texts must be logically and topically associated with the interaction

where consent was given (i.e. You can’t get consent in one context and then send

marketing that is totally unrelated).

12. State that consent is NOT required as a condition of obtaining good or service.

13. E-Signature or button should clearly state “I AGREE” or “I CONSENT” (NOT “Send

me information!” or any other marketing-friendly synonym).

14. The checkbox must be unchecked by default (i.e. opt-in, not opt-out).

15. Disclosure must be just above or adjacent to the E-Signature or acceptance button.

(Disclosure immediately “above the button” is not required but is preferred.)

16. Hyperlinks must be obvious and underlined or capitalized.

17. Disclosure must be in readable font – both in size and color/background.

18. Disclosure must note that “Message and data rates may apply”.

19. Disclosure (and texts sent) should include the statement “Reply STOP to cancel”.

20. The form should capture (and store) user’s name, number, date/time, and version.

EXAMPLE:

CONSENT TO RECEIVE MARKETING CALLS AND/OR TEXT MESSAGES

Dated: __________________.

Telephone Number(s): _______________________.

By clicking “I ACCEPT”, I consent and agree that [Company] may directly, or through

third parties acting on its behalf, contact me with marketing/promotional messages,

including calls and text messages made using an Automatic Telephone Dialing System,

artificial intelligence, or pre-recorded or artificial voice messages, related to [the product

or service I am inquiring about] to the number I have provided above and I agree to

receive them even if I have registered my number(s) with my state or federal Do-Not-Call

list(s). I understand that I may revoke this consent at any time by replying STOP, calling

[phone number], contacting [email / URL / support], or any other reasonable method, and

that accepting this consent is not required to obtain or purchase any good or service.

Message and data rates may apply. By providing this consent, I confirm that I am the

owner (or authorized user) of the phone number(s) provided, and I am 18 years of age or

older.

□ I ACCEPT.

By: ___________________________________________.

Printed Name

Post-Consent Best Practices:

1. Optional but Recommended: After the user submits, send a confirmation (by SMS, email, or

in-app) that repeats key elements of the consent:

Thanks for opting in! You have consented to receive promotional calls and texts from

[Company] at [phone number(s)]. Message and data rates may apply. Reply STOP to opt

out.

This confirmation helps create an audit trail and reduces ambiguity.

2. Recordkeeping: Store all consent data, including user’s name, number, date/time, and version.

3. Internal DNC: Track and honor all opt-out/revocations ASAP (and never more than 10 days

later).

4. Material changes: Get new consent for new campaigns with significantly different products or

services – or if making offers from new affiliates or brands.

5. Number Reassignment: Consider scrubbing against the Reassigned Number database. (If a

number is reassigned, prior consent no longer applies to the new user.)

6. Legal Uncertainty: Because of recent developments (i.e. the McLaughlin Chiropractic case),

courts may now diverge from FCC interpretations, so your disclosure should be legally

defensible both under FCC doctrines and stricter “plain text” statutory reading.

7. Producer / Lead Generator Risks: If you rely on lead generators, third parties, or resold lead

lists, ensure you get the consent data (and audit rights) from them, and verify their compliance

and documentation. Remember that you are (generally) liable for their failure to comply with

TCPA!