Express consent is a legal term related to compliance and, most frequently, importing contacts for the purposes of sending SMS marketing and communication messages.

According to the U.S. Federal Communications Commission (FCC), express written consent, as defined in the Telephone Consumer Protection Act (TCPA) and the FCC’s implementing regulations, is permission given by someone on paper or electronically to receive marketing messages sent using an autodialer. In addition to agreeing to receive those autodialed messages, the recipient should acknowledge that they understand that they don’t have to agree to receive them as a condition of any transaction with you.

The FCC definition includes express written consent given on website forms, in a recorded verbal agreement, or by selecting a specific telephone key when prompted (assuming the call in which that keystroke is given was legal in the first place, or was an inbound call the consumer made to you).

💡The three most popular methods of obtaining express consent are keywords, web forms, and paper forms. Learn more about them in this article.

Why does express consent matter?

Per our terms of service, the individual, account, and/or user responsible for sending messages via a SimpleTexting account is ultimately responsible for ensuring that express consent has been obtained (as well as documented for verification purposes in the event of a compliance audit or formal complaint).

Moreover, violations can be expensive and can result in termination of your account.

To learn more about express consent, and the other elements related to compliance, check out our Ultimate SMS Compliance Guide and travel through step by step.