Quick Answer (TL;DR):
Prior Express Written Consent (PEWC) is an affirmative, written agreement signed by a consumer that explicitly authorizes a business to deliver telemarketing calls or SMS messages using an automated dialing system or prerecorded/artificial voice.
The Statutory Rule:
Defined under 47 C.F.R. § 64.1200(f)(9), PEWC requires a clear and conspicuous written disclosure informing the consumer that they will receive marketing communications via automated technology, identifying the telephone number, and affirming that consent is not a mandatory condition of purchase.
Operational Implication:
- E-SIGN Compliance: Digital consent obtained via web forms must comply with the E-SIGN Act (15 U.S.C. § 7001), requiring verifiable electronic signatures (e.g., active, non-pre-checked checkboxes).
- Burden of Proof: The caller bears the full burden of proving valid consent.
- Retention Period: Maintain cryptographic records, visual session recordings (e.g., TrustedForm or Jornaya tokens), IP addresses, and exact disclosure text for a minimum of 4 to 5 years.
Related Guide:
See complete consent documentation rules in our TCPA compliance checklist for outbound campaigns (2026 update).