TCPA CONSENT ISN’T FOREVER — Why Consumers Can’t Afford to Guess
That “Yes” You Said to Marketing Texts? It Has an Expiration Date
Many consumers don’t realize that their permission to receive marketing calls or texts isn’t a blank check—and businesses often don’t know when that permission has expired. The Telephone Consumer Protection Act (TCPA) governs consent requirements for telemarketing, robocalls, and auto-text messages. But how long does TCPA consent last? The answer isn’t simple — BUT it’s not permanent.
R23 Law’s California Consumer Protection Attorneys routinely advise both consumers and businesses on the boundaries of TCPA consent. This blog unpacks what consent really means, when it expires, and what happens when businesses ignore the rules.
Consent Isn’t a Lifetime Pass
The TCPA doesn’t define a specific expiration date for consent. Generally, consent remains valid until:
The consumer revokes it
The phone number changes hands
The nature of the relationship shifts in a way that no longer supports the original consent
In short, consent is dynamic—and ignoring its limits can lead to serious legal trouble.
The Different Types of TCPA Consent
Under the TCPA, consent can be:
Oral – Granted in-person or over the phone
Written – Signed paper or digital consent, often required for telemarketing
Implied – Based on context, such as providing a phone number during a business transaction
Businesses must know what kind of consent they’ve received and ensure it aligns with the nature of the communication.
The Rules of Engagement: What Businesses Must Do
Before contacting a consumer, businesses must:
Provide clear notice of the purpose of the communication
Record consent reliably and retain those records
Disclose the consumer’s right to opt-out at any time
Use compliant forms that meet all legal standards
If they don’t? It’s not just bad practice—it’s a TCPA violation.
When Does Consent End?
TCPA consent typically ends when:
A phone number is reassigned: Prior consent doesn’t transfer to a new user
A consumer revokes it: This can be verbal, by text (“STOP”), or any other clear communication
The original relationship changes: If the context of the agreement changes, consent may no longer apply
Judicial rulings confirm that consumers can revoke consent at any time, and companies must comply quickly.
TCPA Violations Aren’t Just Technicalities
Courts have ruled that even well-intentioned companies are liable for TCPA violations if they fail to monitor consent. Texting someone after they’ve opted out? Calling a reassigned number? Each instance could lead to fines of up to $1,500 per violation.
Consumers Have Powerful Rights
Under the TCPA, consumers can:
Revoke consent at any time, in any reasonable way
Demand that companies honor their opt-out immediately
File claims for damages, including statutory penalties for willful violations
If you believe you’re being contacted unlawfully, R23 Law’s California Consumer Protection Attorneys can assess your case, help gather evidence, and hold violators accountable.
R23 Law Fights Back Against Unwanted Calls and Texts
We’ve seen the damage unwanted robocalls and messages can cause—ranging from invasion of privacy to financial harm. That’s why R23 Law:
Investigates whether your TCPA rights were violated
Secures compensation where violations occurred
Litigates against non-compliant businesses
Advises on TCPA strategy for compliance and risk reduction
Our firm has recovered millions in judgments and settlements for clients in TCPA-related claims.
Call R23 Law’s California Consumer Protection Attorneys Today
If your phone won’t stop buzzing from unwanted calls or texts—or if your business is unsure how to navigate TCPA compliance—you need legal insight you can trust. R23 Law is here to defend your privacy and enforce your rights.
📞 Call (310) 213-2807 or visit www.r23law.com for a confidential, no-cost consultation.
