Who This Is For / Who It Is Not For
Who this is for: US businesses, compliance owners, marketing ops, and product teams that send or enable A2P SMS and need practical registration, consent, or troubleshooting guidance tied to 10DLC/TCR and TCPA concepts.
Who this is not for: Readers seeking invented fine amounts, guaranteed approval rates, or universal throughput figures; purely P2P consumer texting with no application layer; teams outside US A2P rules who need only foreign-regulator advice.
Short answer: Prior express written consent (PEWC) is the TCPA consent standard that generally applies when you send marketing / telemarketing texts using covered autodialing or artificial/prerecorded technologies. Under 47 CFR § 64.1200, PEWC is a written agreement with a valid signature that clearly authorizes ads/telemarketing texts to a specified number. It is not the same thing as A2P 10DLC / TCR registration.
Worked example: a compliant marketing consent checkbox
A furniture retailer rewrites its checkout consent. The old version, a pre-checked box saying "Send me updates", fails every element of express written consent. The new version is an unchecked box: "Yes, send me promotional texts from Fernway Goods at the number provided. Up to 6 msgs/month. Consent is not a condition of purchase. Msg & data rates may apply. Reply HELP for help, STOP to opt out. Terms & Privacy."
The retailer stores the checkbox state, timestamp and language version with each order, which together satisfy the written agreement and signature requirements through the E-SIGN Act.
PEWC in the Regulation (Plain English)
Section 64.1200 restricts certain calls and texts. For telemarketing/advertising using an automatic telephone dialing system or artificial/prerecorded voice, the rule generally requires the called party’s prior express written consent (with limited exceptions—for example, certain nonprofit or health-care message contexts described in the rule).
The regulation’s definition of prior express written consent centers on:
- An agreement in writing
- Bearing the signature of the person to be called/texted (electronic signatures may qualify when recognized under applicable federal or state law—see the rule’s signature language)
- Clearly authorizing the seller to deliver advertisements or telemarketing messages using ATDS or artificial/prerecorded voice
- Identifying the telephone number authorized to receive those messages
The written agreement must include clear and conspicuous disclosures, including that:
- Signing authorizes telemarketing calls/texts using ATDS or artificial/prerecorded voice; and
- The person is not required to sign (directly or indirectly) as a condition of purchasing property, goods, or services.
Always read the current eCFR text—definitions have been amended over time.
One-Seller and Topical Association Updates
FCC amendments to § 64.1200(f)(9) tightened PEWC so consent clearly and conspicuously authorizes no more than one identified seller, and so calls/texts are logically and topically associated with the interaction that prompted consent. The FCC announced OMB approval and compliance timing in a November 6, 2024 Federal Register document. Use that primary source (and counsel) for compliance-date analysis—do not rely on undated blog summaries.
Practical implication for lead-gen and comparison sites: shared “consent for our partners” designs that name many sellers in one click face heightened scrutiny under the one-identified-seller framework.
What PEWC Is Not
| Concept | Relationship to PEWC |
|---|---|
| TCR Brand/Campaign approval | Carrier registration for 10DLC deliverability—does not create PEWC |
| Website privacy policy alone | Necessary for many Campaign reviews; not a signed marketing authorization by itself |
| Verbal “yes, text me reminders” | May support some informational programs; Twilio’s best-practices guidance states verbal is not sufficient for Marketing Campaigns |
| Email marketing consent | Different channel; do not assume it covers SMS |
| Double opt-in confirmation | Strong evidence practice; still design the underlying consent to meet PEWC elements |
See single vs double opt-in for SMS.
Drafting Consent Language (Illustrative Patterns)
These are illustrative patterns, not a counsel-approved form:
“By checking this box, I agree to receive recurring automated marketing text messages from Acme Inc. at the number provided. Consent is not a condition of purchase. Msg frequency varies. Msg & data rates may apply. Reply STOP to opt out, HELP for help. See Privacy Policy and Terms.”
Checklist against the rule’s themes:
- Identify one seller clearly (Acme Inc.)
- State automated marketing texts authorization
- Capture the phone number
- Include not a condition of purchase disclosure
- Keep disclosure clear and conspicuous (not buried in a 40-page terms dump alone)
- Retain signature evidence (checkbox + ESIGN process, wet ink, etc.)
For Campaign registration, your CSP also wants a message_flow that a reviewer can verify—Twilio’s collect-business-info and approval best practices describe packaging expectations separately from TCPA litigation standards.
Evidence You Should Keep
Build a consent audit trail:
- Timestamp (with time zone)
- Phone number
- Exact disclosure text / version ID
- Signature or checkbox state
- IP address / user agent for web forms
- Landing page URL
- Campaign/program ID
- Opt-out history
More on trails: consent evidence video. MyTCRPlus tools can help review disclosure wording consistency before you submit Campaigns—without replacing legal review.
Revocation
§ 64.1200 addresses revocation of prior express consent, including PEWC, by reasonable methods. Reply keywords such as STOP (and related words listed in the rule) are treated as reasonable means per se in the current regulatory text. Honor opt-outs promptly; do not treat “STOP” as optional after registration.
Marketing vs Customer-Care Copy Tests
Ask of every template:
- Does it advertise property, goods, or services or encourage a commercial transaction?
- Is it only fulfilling an existing transaction or appointment the user already scheduled?
- Would a reasonable recipient call it a “promo”?
If (1) or (3) is yes, design for PEWC. If you only send (2), document prior express consent appropriate to informational traffic—and still register the 10DLC Campaign accurately so samples do not look like marketing while labeled Customer Care.
Mixed inboxes (care + promo) need either separate Campaigns/lists or Mixed use-case packaging and consent that covers the promotional portion.
State Law Overlay
Some states impose additional telemarketing or texting requirements (registration, quieter hours, or consent nuances). PEWC under federal TCPA is a floor for covered traffic, not always a ceiling. Coordinate federal consent design with state counsel where you text residents heavily.
How MyTCRPlus Can Help
Prepare Brand packets, public SMS disclosures, and pre-submission diagnostics with MyTCRPlus tools at https://mytcrplus.com/tools/ and related microsite options. They help you organize evidence for your CSP—they do not guarantee approval, throughput, or legal compliance. Pair preparation with the step-by-step TCR registration guide at https://mytcrplus.com/how-to-register-for-tcr/ and troubleshooting pages for unregistered traffic blocks when deliverability collapses.
FAQ
Do informational appointment texts need PEWC?
Not always—the telemarketing/advertising PEWC trigger depends on content and technology. Many informational programs rely on prior express consent standards that may differ. Have counsel classify your templates.
Is a checked box “written”?
Often yes when designed as an ESIGN-compliant electronic signature process—but implementation details matter. Courts and the FCC focus on clarity and process.
Does 10DLC registration equal PEWC?
No. Registration identifies the sender/use case for carriers; PEWC is a TCPA consent concept.
Can one consent cover email and SMS marketing?
Only if disclosures clearly authorize each channel and otherwise meet PEWC for texts. Do not bury SMS authorization in unrelated email fine print.
Disclaimer
This article is for informational purposes only and is not legal advice. TCPA/FCC rules and case law change. Confirm consent language and processes with qualified counsel before sending marketing SMS.
Related guide: SMS disclaimer examples