What is consent?
Consent means the person said yes to your calls or texts before you sent them. For sales messages sent by a machine or a recorded voice, that yes has to be in writing.
Two kinds of yes
If the message is just information, like a delivery update or an appointment reminder, a simple yes is enough. Giving you their number for that purpose usually counts.
If the message is selling something, and it was sent by an autodialer or a recorded voice to a cell phone, the yes has to be in writing. The law calls this prior express written consent.
What written consent needs
Four things. All four.
- The person signed it. A click on a box, a button, or a text reply can count as a signature.
- It clearly says they agree to get sales calls or texts from your business, sent by automated dialing or recorded voice.
- It has the phone number they agreed to be contacted at.
- It says they do not have to agree in order to buy anything.
If any one is missing, it is not written consent.
Who the yes is for
The yes has to be for your business. If a person said yes to a different company, or to a website that sells leads, that is not a yes to you, unless the words they saw clearly covered you.
The yes also belongs to the person, not the phone number. If the number is given to someone new, the new person never said yes. A bought list with no real yes is the usual reason a letter arrives. See why did my business get a letter.
Stop means stop
A person can take back their yes at any time. Replying STOP, saying "stop calling", sending an email. Once they do, the yes is gone. The rules give you ten business days to stop, but every message after their request counts against you.
Prove it or it did not happen
If someone sends you a letter, you have to show the yes. Not describe it. Show it. The form they filled in, the date, the words they saw, the number they gave. A list seller saying "these people all agreed" is not proof. If you cannot show it, read what happens next.
Keep that proof for every number, for at least four years after the last message.
Simple rule
If you cannot pull up the person's yes in a minute, do not send the message.
Short questions
A customer gave us their number. Can we text them deals?
Only if they gave written consent to sales texts. Giving a number to buy something is a yes to messages about that purchase, not to sales messages.
The list we bought said everyone opted in. Is that consent?
No. You need the actual record for each number, showing they agreed to hear from your business.
Does a yes to one company cover its partners?
Usually not, unless the words the person saw clearly named or covered the partner. This is one of the most argued points in these cases.
How long is a yes good for?
Until the person takes it back, or the number changes hands. There is no fixed expiry, but a very old yes is harder to rely on.