Quick answer

Under the Telephone Consumer Protection Act (TCPA), “consent” generally means you gave permission for a business to contact you at a phone number. But the level of consent required depends on what they’re sending (marketing vs. informational) and how they’re sending it (autodialed/prerecorded vs. manual).

The 3 most common consent standards (simplified)

1) No consent / wrong number

If you never gave the business your number (or they have the wrong person), that’s often the cleanest TCPA scenario.

Common examples:

• You keep getting calls/texts for someone else
• Your number was reassigned and you didn’t opt in
• A lead list had bad data

2) Prior Express Consent (often for informational calls/texts)

This is the baseline consent that may apply to non-marketing messages (like appointment reminders, account alerts, delivery updates), especially when you provided your number in connection with a transaction.

Examples that may count:

• You gave your number on an account application
• You provided your number to a service provider for updates
• You texted a business first and they responded about that issue

Important limits:

• Consent is usually tied to the purpose you gave it for (it’s not a blank check for unrelated blasts).
• Even if consent exists, you can revoke it.

3) Prior Express Written Consent (usually for marketing autodialed/prerecorded texts/calls)

Marketing texts/calls that use automation typically require a higher level: written consent.

In practice, this often looks like:

• Checking a box on a webform that clearly authorizes marketing texts/calls
• Signing an agreement with TCPA language
• A digital signature or similar “written” record

Key requirements (in plain English):

• The disclosure must be clear and conspicuous
• It must authorize marketing contact at that number
• It can’t be hidden in fine print
• It must not be a condition of purchase (in many contexts)

What usually does not count as valid consent

These are common “gotchas”:

• You gave your number once (for a receipt, delivery, or customer service) and they treat it as permission for marketing blasts
• A pre-checked box (often problematic)
• Buried consent language in a long privacy policy with no clear checkbox
• Consent from a third-party lead seller where you never knowingly agreed to that specific seller
• “You didn’t opt out” (silence is not consent)
• They claim you consented but can’t produce the record

What about “STOP” and opt-outs?

Even if you originally consented, you can usually revoke consent.

Best practices for consumers:

• Reply STOP (and screenshot it)
• Keep the confirmation message (if any)
• If calls continue after STOP, that can strengthen a claim

Autodialer vs. manual texts: why it matters

TCPA rules often turn on whether the contact was sent using an automatic telephone dialing system (ATDS) or a prerecorded/artificial voice.

Practical takeaway:

• If it’s clearly a mass texting platform or robocall system, consent requirements are usually stricter.
• Manual, one-to-one texts can be treated differently—but harassment, deception, and other laws can still apply.

Common consent scenarios (and what they may mean)

• “I filled out a form for a quote.”
  Could be consent for follow-up about that quote. Marketing beyond that depends on the disclosure language.
• “I bought something once.”
  Consent for transactional updates maybe. Not automatically consent for recurring marketing texts.
• “My spouse/parent gave them my number.”
  Often not valid consent from you.
• “I asked them to stop but they kept texting.”
  Potential revocation violation—document everything.

What to save if you’re evaluating a TCPA claim

Evidence matters a lot. Save:

• Screenshots of texts (including dates/times)
• Call logs and voicemails
• The original webform or signup page (if you can)
• Any emails confirming subscription
• Any STOP/opt-out messages and confirmations
• The business name, short code, and links in the texts

Bottom line

“Consent” under the TCPA isn’t just “they had my number.” It depends on how they got it, what they sent, and whether you revoked permission. If the messages are marketing and automated, the sender often needs clear written consent they can prove.