Prior Express Consent

Prior express consent is permission a person gives to be called at a number, which is enough for some non-telemarketing autodialed or artificial voice calls but not for telemarketing.

The TCPA uses two levels of consent. Prior express written consent is the strict version, needed for telemarketing with an autodialer or artificial voice. Prior express consent is the lighter version. It can be oral or written and covers informational calls, such as an appointment reminder or a delivery update, made to a cell phone using an autodialer or artificial voice.

The FCC has said that a person who knowingly gives their phone number to a business, in connection with a transaction, has generally given prior express consent to be called at that number about that transaction. That does not stretch to sales pitches for unrelated products.

Why the difference matters:

• An AI voice calling a lead to sell something is telemarketing, so you need written consent.
• An AI receptionist calling back someone who left a message about their own order is closer to informational, but the content of the call decides how it is treated.

When in doubt, collect written consent. It covers both situations. Keep records showing when and how consent was given, and remember that any consent can be revoked in any reasonable way. This is general information, not legal advice.

Sources

• 47 U.S.C. 227 (Cornell LII): https://www.law.cornell.edu/uscode/text/47/227 (accessed October 17, 2026)
• 47 CFR 64.1200 (eCFR): https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200 (accessed October 17, 2026)

This entry is general information, not legal advice.