The Importance of Expressed Written Consent for Mass Calling and Mass Texting

What is Expressed Written Consent?

Expressed written consent is a legal requirement for businesses or individuals who want to engage in mass calling or mass texting. It refers to obtaining written consent from individuals before sending them marketing messages or making marketing calls. This written consent can come in different forms, such as signing a physical document or ticking a box on a website.

Why is Expressed Written Consent Important?

Expressed written consent is important because it protects individuals from unwanted marketing messages or calls. It ensures that individuals have control over their own personal data and how it is used. Furthermore, businesses that fail to obtain expressed written consent risk violating federal regulations, such as the Telephone Consumer Protection Act (TCPA) and the CAN-SPAM Act.

How to Obtain Expressed Written Consent?

There are several ways to obtain expressed written consent, including:

Terms of Service Agreements: Add a checkbox to your terms of service agreement that requires individuals to express written consent before sending them marketing messages.

Email Marketing: Send an email to individuals asking them to give expressed written consent by clicking on a link.

Physical Forms: Ask individuals to sign a physical document that includes a statement explaining what they are consenting to.

Examples of Expressed Written Consent in Different Contexts

Here are some examples of how expressed written consent can be used in different contexts:

Retail: A retail store can obtain expressed written consent from customers by asking them to sign up for a loyalty program that includes receiving marketing messages.

Real Estate: A real estate agent can obtain expressed written consent by asking potential clients to sign a document giving permission to receive marketing messages.

Healthcare: A healthcare provider can obtain expressed written consent by asking patients to sign a form that includes a statement about receiving marketing messages.

Examples From Well Known Companies

Below are a few examples from websites you may be familiar with.

hyundaiusa.com

I consent to receive telemarketing calls or texts at this number using an automatic telephone dialing system by, or on behalf of, Hyundai and its authorized dealers. I understand I do not have to consent in order to purchase any products or services. Carrier charges may apply.

aaa.com

Mobile Consent Agreement*

I agree to receive future calls on my mobile number from AAA (or on AAA's behalf) regarding my membership or insurance, including renewal reminders, and other offers. These calls may use an automatic telephone dialing system, prerecorded voice, or text messages. Providing my consent is not a condition to the purchase of any AAA good or service.

amazon.com

ELECTRONIC COMMUNICATIONS

When you use Amazon Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Amazon Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Conclusion

In conclusion, expressed written consent is a legal requirement for mass calling and mass texting, and it is essential for protecting individuals' privacy rights. To obtain expressed written consent, businesses should use methods such as email marketing, physical forms, and terms of service agreements. Overall, obtaining expressed written consent is crucial for businesses to stay compliant with federal regulations and respect individuals' rights.