When you need consent
| Call type | To a cell phone | To a residential landline |
|---|---|---|
| Artificial / AI / prerecorded voice, marketing | Prior express written consent | Prior express written consent |
| Artificial / AI / prerecorded voice, informational | Prior express consent | Exempt, up to 3 calls per 30 days, with opt-out |
| Autodialed (true ATDS), marketing | Prior express written consent | n/a (residential rule covers artificial voice) |
| Live person dialing by hand | No TCPA consent; DNC rules apply | No TCPA consent; DNC rules apply |
Source: 47 CFR 64.1200(a)(1)–(3). State laws (Florida, Oklahoma, Maryland, Connecticut) can require written consent in more situations.
Prior express consent vs. prior express written consent
- Prior express consent isn't defined in the rules. It generally means the person knowingly gave you their number for related contact, for example by entering it in a form to get a quote. It's enough for non-marketing autodialed or artificial-voice calls.
- Prior express written consent (64.1200(f)(9)) is a written agreement, signed (e-signatures count), that:
- clearly authorizes the seller to deliver ads or telemarketing using an autodialer or artificial/prerecorded voice;
- names the phone number to be called; and
- clearly and conspicuously discloses that the person is authorizing such calls and that signing isn't a condition of purchase.
- The 2023 "one-to-one" rule is gone. The 11th Circuit vacated it in January 2025, and the FCC removed it in 2025, so one consent can name more than one seller if it's clear.
Sample consent language (adapt with counsel)
A separate, unchecked checkbox next to the phone field works best:
For human-only follow-up calls (no AI or prerecorded voice), a lighter version is common:
- Keep the checkbox unchecked by default, and don't bundle it into terms acceptance.
- Store proof: the timestamp, IP address, page URL and exact wording shown.
- Name your company (and any partner who will call). Vague "partners" lists invite litigation.
Revocation rules (2025–2026)
- Since April 11, 2025, consumers can revoke consent by any reasonable method. Replies like "stop," "quit," "end," "cancel," "unsubscribe" or "opt out" count automatically.
- Honor revocations within 10 business days. One confirmation text is allowed.
- On September 30, 2026, the FCC adopted changes letting callers designate an exclusive opt-out method if it's clearly disclosed, and limiting opt-outs from one informational category to that category. They take effect 30 days after Federal Register publication. The "revoke-all" rule had previously been delayed to January 31, 2027.
FAQ
Do I need written consent to call a cell phone?
Only for marketing calls that use an AI or prerecorded voice or a true autodialer. A live person dialing by hand doesn't need TCPA consent, but must follow Do Not Call rules and calling hours.
Does filling out a contact form count as consent?
It's usually prior express consent for related follow-up, enough for a live call and informational automated calls. It isn't prior express written consent for AI-voice or prerecorded marketing calls unless the form includes the required disclosure.
Can consent be revoked by email or verbally?
Yes. Revocation by any reasonable method is valid, and you must honor it within 10 business days. Newly adopted FCC changes will allow an exclusive method only if it's clearly disclosed.
Is the one-to-one consent rule in effect?
No. The 11th Circuit vacated it in January 2025, and the FCC formally removed it in 2025.
Sources
- 47 CFR 64.1200 (a)(1)–(3), (a)(10)–(12), (f)(9)
- Insurance Marketing Coalition v. FCC (11th Cir. 2025)
- Revoke-all delay (Burr & Forman) · Sept 2026 revocation order (Covington)
Sample language is a starting point, not legal advice. Have counsel review it for your use case.
Live, human-dialed calls from your agent.