[01] TCPA
TCPA: consent before you text or call
- What it asks of you
- The Telephone Consumer Protection Act requires consent before automated or prerecorded calls and texts to a cell phone. For marketing, it must be prior express written consent: signed (an electronic signature counts), naming the number, and saying consent is not a condition of purchase. A buyer who asked about an appointment or a contract can be texted about that with ordinary consent.
- Status
- Status, Oct 2026: in force. The FCC’s “one-to-one consent” rule was struck down in January 2025 and is not in the regulation. Since the Supreme Court’s June 2025 McLaughlin decision, courts are not bound by the FCC’s readings of the Act, so outcomes are less predictable.
- What ZevroCRM does
- Every US text is checked before it is sent. A marketing text needs a written-consent record; any other text needs a consent record or a prior relationship (a tour, a contract, or a text the person sent you). A text that fails is not sent and shows on the lead’s thread with the reason.
- Website forms, the website chatbot and the model-home kiosk show an unchecked consent box beside standard wording that names your company, says “consent is not a condition of purchase” and gives STOP and HELP. Only a ticked box is recorded.
- Each consent is kept as its own record: the exact words the person saw, where they saw them, when, and for a web form the IP address and browser. A revoked consent is stamped, never deleted.
- Staff can record or revoke consent on the lead, and CSV imports can carry consent columns.
- What stays with you
- The consent wording is a starting point your attorney should approve. Consent bought from a list seller, or imported without proof, is only as good as the record behind it. The FTC Telemarketing Sales Rule also covers outbound sales calls.