Prior Express Written Consent

Prior express written consent is a signed written agreement in which a person clearly authorizes a specific seller to make telemarketing calls or texts to a specific number using an autodialer or an artificial or prerecorded voice.

This is the highest consent standard under the TCPA. It is required for telemarketing calls that use an artificial or prerecorded voice, which, after the FCC's February 2024 ruling, includes AI-generated voices.

The FCC definition at 47 CFR 64.1200(f) requires that the agreement:

• Is in writing and carries the person's signature. Electronic signatures that meet the E-SIGN Act count, so a web form checkbox with clear language can qualify.
• Clearly authorizes the seller to deliver telemarketing calls using an autodialer or an artificial or prerecorded voice.
• Names the phone number the person agrees to be called at.
• Discloses that the person is not required to agree as a condition of buying anything.

Good practice for web forms:

• Put the consent text right next to the submit button or an unchecked checkbox.
• Name your company, not "partners."
• Mention calls and texts and that they may use AI or automated technology.
• Save a record of the exact language, timestamp, IP address, and page URL.

In 2023 the FCC adopted a "one-to-one" consent rule for lead generators, but a federal appeals court vacated it in January 2025. Rules continue to change, so review your language with a lawyer.

Sources

• 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)
• FCC, AI voices under the TCPA (Feb 2024): https://www.fcc.gov/document/fcc-confirms-tcpa-applies-ai-technologies-generate-human-voices (accessed October 17, 2026)

This entry is general information, not legal advice.