Getting Express Written Consent From Your Sphere
Leonardo Kalinowski
CTO
What counts as express written consent to text someone?
Express written consent is a signed agreement, on paper or electronic, that clearly authorizes you to send that person calls or texts using automated technology or a prerecorded voice, includes the phone number being authorized, and makes clear that signing is not required to do business with you (47 CFR 64.1200(f)(9)). A verbal "yes, you can text me" doesn't meet this bar for marketing messages sent through automated technology. It has to be signed, and it has to say what it's authorizing.
Most agents already collect something close to this at intake without realizing it's doing double duty. The gap is usually one missing line, not a missing process.
What is express written consent, exactly?
Express written consent is the FCC's specific legal standard for marketing calls or texts sent using an automatic telephone dialing system or an artificial or prerecorded voice. It's a higher bar than ordinary "express consent," which can be given verbally and generally applies to informational messages rather than marketing ones. The distinction matters because most real estate texting, drip campaigns, and CRM-triggered messages fall on the marketing side of that line, which means the written standard is the one that actually applies.
Is a verbal yes enough, or does it have to be in writing?
For marketing texts sent through automated technology, a verbal yes is not enough. The FCC's standard requires a written, signed agreement, and that signature doesn't have to be ink on paper. An electronic signature or a checked box tied to a timestamp satisfies the requirement, as long as the underlying disclosure and authorization language are present. What doesn't count: someone saying "sure, text me" at an open house, with nothing recorded.
What does a valid consent form actually need to include?
At minimum, a valid express written consent form needs a signature, the phone number the person is authorizing you to contact, and two specific disclosures the FCC's rule spells out: that signing authorizes you to send telemarketing calls or texts using automated technology or a prerecorded voice, and that signing is not required as a condition of buying any property, good, or service (47 CFR 64.1200(f)(9)). A form missing either disclosure, or missing the phone number itself, doesn't meet the standard even if it's signed.
| Consent type | Covers | How it's typically given | What a real estate agent needs it for |
|---|---|---|---|
| Express consent | Informational messages | Verbal or written | General communication with a client already engaged with you |
| Express written consent | Marketing calls/texts via automated technology or prerecorded voice | Signed, written, includes the phone number | Drip campaigns, CRM-triggered texts, marketing blasts to your sphere |
How do real estate agents actually collect this from their sphere?
Common practice is a checkbox at CRM signup or lead intake, a signed line on a buyer or seller consultation form, or an opt-in confirmation text that itself follows the same consent rules. None of these is the only compliant method. The point is making consent collection a routine step at the moment you already have someone's attention, not a form you remember to send later.
- Add a consent line to intake forms. Buyer consultations, listing appointments, and open-house sign-ins are natural moments to collect it.
- Include the phone number on the form itself. A consent that doesn't specify the number isn't tied to anything.
- State plainly that signing is optional. The disclosure isn't a formality. Leaving it off invalidates the form.
- Store the signed form where you can find it later. A consent you can't produce if asked is functionally the same as no consent.
Does a past client's phone number in my database already count as consent?
No. Having someone's number saved from a past transaction is not the same as having their consent to text them marketing messages later. This is the single most common assumption that gets agents in trouble. Whether a specific ongoing relationship might separately qualify for a different exemption, like an active established business relationship, depends on the details of that relationship and isn't something to assume without checking.
The number of agents who think a saved cell number from a closing means they can text that person marketing messages forever is the whole reason this post needs to exist. A phone number in your database is a fact about the past. Consent is a decision someone made about the future, and one doesn't create the other.
Can someone revoke consent after giving it?
Yes. The FCC treats revocation broadly. Any reasonable method the person uses to say stop counts, whether it's a text reply, a verbal request, or an email. Once consent is revoked, continuing to send marketing texts is a fresh violation, not a continuation of something already permitted. Honor a stop request immediately, in whatever channel it arrives, and don't wait for a formal process before you act on it.
Collecting consent at intake is a five-second habit built into a form you're already using. Cleaning up after you assumed you had it is a much longer conversation, usually with a lawyer instead of a client. Build the habit once and you stop having to think about it.
Getting this right up front is cheaper than any cleanup after the fact. For what happens when consent gets skipped, see what a TCPA violation actually costs.
For the complete compliance framework, see the complete DNC and TCPA compliance guide.
For the exemption flowchart, consent language, and a self-audit in one place, download the free DNC-TCPA Survival Guide.
This article is educational information, not legal advice. Telemarketing law changes, states add their own requirements, and how the rules apply to your situation depends on your specific facts. Consult a licensed attorney before making compliance decisions. See our legal disclaimer. Legal sources in this article were verified against primary and law-firm-summary sources in August 2026.
Frequently asked questions
Do I need written consent to text a past client?
For marketing texts sent through automated technology, yes, unless a different exemption like an active established business relationship applies to that specific relationship. Having their number saved from the closing isn't consent on its own.
Is a checked box on a form enough, or does it need to be signed on paper?
A checked box tied to a timestamp can work, as long as the required disclosures and the phone number are present. The signature doesn't need to be ink on paper. What matters is that the authorization language and the not-required-to-purchase disclosure are both there.
What happens if my consent form is missing one of the required disclosures?
It doesn't meet the standard, even if it's signed. Both disclosures, the authorization statement and the not-required-as-a-condition-of-purchase statement, need to be present along with the phone number.
How do I get express written consent from someone already in my sphere?
The same way you'd collect it from a new contact: a signed line on a form you're already using, with the phone number included and both required disclosures stated. There's no separate, easier standard for people you already know.
Can someone take back their consent after giving it?
Yes, at any time, through any reasonable method. Once they revoke it, continuing to text them is a new violation, so honor the request immediately.