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Prior express written consent

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Prior express written consent is the TCPA standard for telemarketing robocalls and robotexts to cell phones and prerecorded telemarketing calls to landlines. Defined in 47 C.F.R. § 64.1200(f), it is a written agreement, signed by the consumer (electronic signatures under the E-SIGN Act count), that clearly authorizes a specific seller to deliver advertising or telemarketing messages using an autodialer or artificial or prerecorded voice to a specified phone number. The agreement must include a clear and conspicuous disclosure that consent is not a condition of purchase. Consent obtained through hidden terms or pre-checked boxes is unlikely to qualify.

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Definition written from the cited statute text on Sep 29, 2026. Not legal advice.

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