Prior Express Consent
Giving you their number covers related informational texts. Anything promotional needs written consent. Mixing the two on one message is the classic violation.
The TCPA's two-tier structure trips up most businesses. Prior express consent arises when a consumer knowingly gives their number in a transactional context — booking an appointment, placing an order — and covers informational messages reasonably related to that purpose: the reminder, the delivery update, the fraud alert.
Prior express written consent is required the moment a message includes advertising or telemarketing: a signed (including electronic) agreement with specific disclosures.
The boundary is content, not intent. An appointment reminder with "and ask about our spring special" appended is a marketing message sent on informational-grade consent — the most common self-inflicted TCPA violation in small-business texting.
Frequently asked questions
Related glossary terms
Express written consent is the TCPA standard for marketing SMS — a clear, conspicuous disclosure with a separate, unchecked affirmative opt-in by the consumer, retained as evidence.
Transactional SMS is non-promotional messaging tied to an existing transaction or relationship — receipts, delivery updates, appointment reminders, 2FA — sendable under prior express consent rather than written marketing consent.
An opt-in is a consumer's affirmative agreement to receive SMS from a brand. Marketing texts require the strictest tier — prior express written consent — captured with full disclosure and retained as evidence.