Prior express written consent is a written agreement, signed by the person called, that clearly authorizes the seller to deliver telemarketing calls using an autodialer or an artificial or prerecorded voice to a stated telephone number.
From official sources, checked September 26, 2026. General information, not legal advice.
The definition sits in the FCC rule at 47 CFR 64.1200(f)(9). The FCC requires it before a call that includes or introduces an advertisement or constitutes telemarketing is made to a cell phone using an automatic telephone dialing system or an artificial or prerecorded voice, and before a telemarketing call using an artificial or prerecorded voice is made to a residential line. The text now in effect is the prior version of the definition, which the FCC reinstated in August 2025 after a federal appeals court vacated a 2023 revision. This page is general information, not legal advice.
The agreement must be in writing and bear the signature of the person called. It must clearly authorize the seller to deliver, or cause to be delivered, advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice, and it must include the telephone number those calls may go to. It must include a clear and conspicuous disclosure that, by signing, the person authorizes the seller to deliver telemarketing calls using that technology, and that the person is not required to sign, directly or indirectly, as a condition of purchasing any property, goods, or services. A signature includes an electronic or digital form of signature recognized as valid under applicable federal law or state contract law.
In 2023 the FCC adopted a revised first paragraph for the 64.1200(f)(9) definition, published in January 2024. The FCC postponed its effective date, and it never took effect. The United States Court of Appeals for the Eleventh Circuit vacated and remanded that part of the FCC order, and the court issued its mandate on April 30, 2025. The FCC then issued a final rule, effective August 29, 2025, that reinstated the prior version of 64.1200(f)(9). That prior version is the text the eCFR shows today.
A called party may revoke prior express written consent by any reasonable method that clearly expresses a desire not to receive further calls or texts. The rule treats as reasonable per se an automated interactive voice or key press opt out on a call, a reply text using words such as stop, quit, end, revoke, opt out, cancel, or unsubscribe, and a website or number the caller designates for opt outs. Requests must be honored within a reasonable time not to exceed ten business days, and callers may not designate an exclusive means. The FCC extended to January 31, 2027 the part that would apply a revocation to all future robocalls and robotexts on unrelated matters.
The FTC rule has its own written agreement for calls to numbers on the National Do Not Call Registry. It must clearly evidence the person's authorization that calls made by or on behalf of a specific party may be placed to that person, and include the telephone number and the person's signature. The 2024 recordkeeping rules require a complete record of consent: the name and telephone number of the person, a copy of the request for consent as it was presented, the purpose, a copy of the consent, and the date it was given.
Florida defines prior express written consent as a signed written agreement that authorizes telephonic sales calls by call, text, or voicemail using an automated system for the selection and dialing of numbers or a recorded message, includes the number, and carries the required disclosures. Its definition of signature includes an electronic or digital signature and an act that demonstrates express consent, such as checking a box.
Fla. Stat. 501.059(1)(g), (h)Oklahoma defines prior express written consent as a signed written agreement that authorizes commercial telephonic sales calls using an automated system for the selection or dialing of numbers, a recorded message, or a prerecorded voicemail, includes the number, and carries a clear and conspicuous disclosure. A signature includes an electronic or digital signature valid under federal law or state contract law.
Okla. Stat. tit. 15, 775C.2(3), (4)The FCC definition counts an electronic or digital form of signature to the extent it is recognized as valid under applicable federal law or state contract law. Florida's definition of signature expressly includes an act that demonstrates express consent, including checking a box. Oklahoma's definition covers electronic or digital signatures recognized under federal law or state contract law.
The required disclosure must tell the person that he or she is not required to sign the agreement, directly or indirectly, or agree to enter into it as a condition of purchasing any property, goods, or services. Florida and Oklahoma require the same disclosure.
Under the Telemarketing Sales Rule, a seller or telemarketer must keep the records listed in 16 CFR 310.5(a), which include records of consent, for 5 years from the date the record is produced unless the rule specifies otherwise.
Checked September 26, 2026. Every fact on this page comes from these official sources. General information, not legal advice: rules change, so confirm with the cited statute or agency and with counsel.
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