Definition
Prior express written consent is the signed, written agreement that FCC rules require before a seller places telemarketing calls using an autodialer or an artificial or prerecorded voice, a stricter standard than the prior express consent that covers informational calls.
Under the FCC rule, adopted in 2012 and effective October 16, 2013, the agreement must bear the signature of the person called, identify the telephone number they authorize, and clearly authorize the seller to deliver telemarketing calls using an autodialer or an artificial or prerecorded voice. It must also disclose, clearly and conspicuously, that signing is not a condition of purchase. Electronic signatures valid under the federal E-SIGN Act count, so consent captured through web forms, text replies, keypresses, or voice recordings can qualify.
The contrast with prior express consent is the purpose of the call. Informational calls, such as appointment reminders or post-discharge check-ins, generally need only prior express consent, which can be given by providing the number for a related purpose. Once a call includes telemarketing, the written standard applies, which is why adding a sales pitch to a care call raises the bar.
The rule is under pressure from the courts. In January 2025 the Eleventh Circuit vacated, before it took effect, an FCC rule that would have required written consent to name one seller at a time (Insurance Marketing Coalition v. FCC). In February 2026 the Fifth Circuit held in Bradford v. Sovereign Pest Control that the TCPA's text does not require written consent for marketing calls at all, and a Maryland district court followed a month later. Courts elsewhere may still apply the FCC rule.
How Consig handles it
Consig treats consent as part of the calling infrastructure: its compliance engine enforces the applicable federal and state rules on every call and tracks the rules themselves as they change, rather than leaving them to a binder reviewed once a quarter.