Capturing Prior Express Written Consent

Learn what defines prior express written consent, i.e. "consent capture," and how to get it.

What Defines Prior Express Written Consent?

The way the FCC defines the idea of written consent is pretty clear, so you should not try to work around it. An organization must possess the signed, written agreement that clearly provides permission/authorization for that company to engage in the communication to a specified phone number.

Electronically-signed documents can be used as long as they adhere to the Federal E-SIGN Act. Definitions vary from state to state so it is important to check those that are relevant to your school or organization. 

The TCPA requires that organizations sending pre-recorded voice messages via phone or SMS/text messages require the advanced, express written consent of the recipient. Permission is to be captured and stored, (preferably in writing), before voice or SMS/text messages can be sent.

Here is how the TCPA views express written consent:  

• Consent is required from any “called party”
• “Called party” is defined as the consumer assigned to the phone number dialed and who is billed for the call, or the non-subscribing user of a number included in a family or business calling plan.
• The "called party" must be able to revoke consent at any time using any reasonable method.
• The caller (i.e. you, the school district or organization) bears the burden of proof of consent.
• Consent must be in writing if the calls include telemarketing.

How to obtain consent

Your school or organization has many opportunities to obtain and capture the consent needed from your recipients to send voice and SMS/text communications. You may already employ some of them during your beginning of the school year processes.

Consent for voice/phone calls

• During student enrollment, when parents/guardians are enrolling students in your school or organization during the enrollment process or on a student application, you can provide them with a checkbox next to any Phone and Mobile numbers stating “It is OK to contact me using the school’s automated message system for reasonable purposes.” Your school probably already sends home permission slips and other forms asking for permission for your student to participate in school activities. You could collect this approval in a similar manner. This information is then manually applied to contacts in your SIS or school systems. You could also provide a dedicated form letter such as this one with your enrollment packet.
• Collect consent via email You can easily collect consent using email. Select a broadcast template within SchoolStatus to send an email asking for recipients to give their permission for phone and SMS/text messages. You can also provide a link directly to the schools parent portal.
• Collecting consent through the parent portal The portal is the easiest and most direct method of adjusting user preferences. Not only can they add and remove  phone numbers and email addresses, but they can select how they want to be notified based on urgency.

Consent for SMS Text Messaging

• SMS Opt-In Complete the Opt-In Campaign provided by SchoolStatus. 
• SMS Opt-Out All SMS/text messages are accompanied by a short code that when clicked, goes to the full detailed message. On that page, there is the ability to opt-in or out of the system.