Prior express written consent (PEWC): what it means in pay per call

Prior express written consent (PEWC): The TCPA's consent standard for telemarketing calls made with an autodialer or a prerecorded or artificial voice: a signed written agreement that clearly authorizes the calls to a specific number.

How it works in pay per call

Under 47 CFR 64.1200(f)(9), PEWC is a written agreement bearing the signature of the person called. It must clearly authorize the seller to deliver telemarketing calls using an autodialer or artificial or prerecorded voice to a specified number. It must also disclose that consent is not a condition of purchase. E-SIGN-compliant electronic signatures, such as a checkbox or button on a web form, can qualify.

TCPA damages are $500 per violation, up to $1,500 if willful, under 47 U.S.C. 227(b)(3), which is why lead buyers ask for consent proof on every record.

Several states have their own consent rules for automated sales calls (for example Oklahoma and Florida), so check state law too.

Example

Example: a form checkbox reading 'By clicking Submit, I agree that [Seller] may call and text me at the number above about [product], including with automated technology and prerecorded messages. Consent is not a condition of purchase', combined with a captured signature event and a consent certificate.