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SMS complianceReviewed September 7, 2026

What is Express written consent?

Prior express written consent is a signed written agreement clearly authorizing specified covered telemarketing and identifying the telephone number.

Who this applies to#

  • The cited consent concept applies to covered advertising or telemarketing and specified telephone numbers

What Express written consent requires#

  • Covered advertising or telemarketing calls and texts require the applicable written-consent basis described by the cited authorities

What this does not require#

  • A legally valid electronic or digital signature can qualify and consent cannot be required as a purchase condition

Common mistakes#

  1. Claiming every message requires the same consent form
  2. Making consent a purchase condition

Express written consent checklist#

  • Identify seller and purpose
  • Identify the number
  • Preserve the agreement

Commonly confused with#

OnVoard's take#

Consent records should preserve the precise sender, purpose, number, and legal scope instead of relying on a generic checkbox label.

Official sources#