According to the U.S. Federal Communications Commission (FCC), express written consent, as defined in the Telephone Consumer Protection Act (TCPA), is permission given by someone on paper or electronically.
The FCC extends the definition to include express written consent given on website forms, in a recorded verbal agreement, or by selecting a specific telephone key when prompted.
Express consent is not implied or assumed.
Why does express consent matter?
Per our terms of service , the individual/account/user responsible for sending messages via a SimpleTexting account is ultimately responsible for ensuring that express consent has been obtained (and, ideally, documented for verification purposes in the event of a compliance audit or formal complaint).
Moreover, violations are 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.