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TCPA consent form builder for marketing calls and texts

7 elements of § 64.1200(f)(9) checkedRules read 2026-10-22Runs in your browser

Type your business name, pick how you will reach people and how they sign, and the builder writes the consent wording that sits next to your form's submit button. Each clause is tagged with the part of the FCC rule it covers, a check flags anything missing, and the HTML is ready to paste. Nothing you enter leaves this page.

Pre-filled for a roofing company's quote form. Change any field; the wording, the HTML and the record update as you type.

Who calls or texts

The business the calls and texts are for, as the person knows it. Never "our partners".

What the person agrees to
The form

Your disclosure, mapped

Mobile number

By checking this box,01 I agree that Harbor Lane Roofing may02 contact me with marketing calls and text messages about roof inspections and seasonal offers04 at the mobile number I entered above03 , including calls and texts sent using an automatic telephone dialing system.05 I do not have to agree to this to buy any property, goods or services.06 Message and data rates may apply.+ I can opt out at any time by replying STOP to any text or telling a caller.+

HTML for your form

<!-- Consent wording version 2026-10-22: store this version with every sign-up. -->
<label for="phone">Mobile number</label>
<input id="phone" name="phone" type="tel" autocomplete="tel" required>
<!-- Leave the box unticked and optional: no "checked", no "required". -->
<p>
  <input id="tcpa-consent" name="tcpa_consent" type="checkbox" value="agreed">
  <label for="tcpa-consent">By checking this box, I agree that Harbor Lane Roofing may contact me with marketing calls and text messages about roof inspections and seasonal offers at the mobile number I entered above, including calls and texts sent using an automatic telephone dialing system. I do not have to agree to this to buy any property, goods or services. Message and data rates may apply. I can opt out at any time by replying STOP to any text or telling a caller.</label>
</p>
<input type="hidden" name="consent_wording_version" value="2026-10-22">
<button type="submit">Get my free quote</button>

What the builder writes, and why each clause is there

Marketing calls and texts sent with an autodialer, and marketing calls that use an artificial or prerecorded voice, need the person's prior express written consent when they go to a mobile number (47 CFR § 64.1200(a)(2)). Prerecorded marketing calls to a home landline need it too (§ 64.1200(a)(3)). Texts count: in Facebook v. Duguid the Supreme Court noted that “Neither party disputes that the TCPA's prohibition also extends to sending unsolicited text messages.”

The rule defines that consent as “an agreement, in writing, bearing the signature of the person called that clearly authorizes the seller to deliver or cause to be delivered to the person called advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice, and the telephone number to which the signatory authorizes such advertisements or telemarketing messages to be delivered” (§ 64.1200(f)(9)). The agreement must also disclose, clearly and conspicuously, that signing authorizes those calls and that the person “is not required to sign the agreement (directly or indirectly), or agree to enter into such an agreement as a condition of purchasing any property, goods, or services” (§ 64.1200(f)(9)(i)). That gives the seven elements on the record sheet, numbered 01 to 07 in the preview.

A web form can carry the signature. The rule counts “an electronic or digital form of signature” (§ 64.1200(f)(9)(ii)), and when the FCC adopted it, it said consent “obtained in compliance with the E-SIGN Act will satisfy the requirements of our revised rule, including permission obtained via an email, website form, text message, telephone keypress, or voice recording” (FCC 12-21, ¶ 34). The same order puts the proof on you: “the seller will bear the burden of demonstrating that a clear and conspicuous disclosure was provided and that unambiguous consent was obtained” (¶ 33). That is why the builder flags a box ticked in advance and wording hidden behind a link.

Lines tagged + are good practice, not part of the definition. The opt-out line reflects the revocation rule: people may revoke “by using any reasonable method,” and the request must be honoured “within a reasonable time not to exceed ten business days” (§ 64.1200(a)(10); more in TCPA rules for text messages). The rates line follows CTIA, which asks for “clear and conspicuous language about any associated fees or charges and how those charges will be billed” in the opt-in confirmation text (§ 5.1.2.1). Whether your platform even counts as an autodialer is a separate question, covered in what is an autodialer. Naming it anyway costs nothing.

How to use it

  1. Enter the business the calls and texts are for, exactly as the person knows it.
  2. Tick the channels you will actually use. Leave out prerecorded calls if you never send them.
  3. Choose how the person signs. An unticked box they check is the cleanest record.
  4. Copy the HTML into your form, directly above the button, and save the wording version with each sign-up.
  5. Log every consent: the records rows of the TCPA compliance checklist list the fields to keep with each one.

Worked example: five sign-up forms

Five real-world form setups, run through the same check the builder uses. Only the roofing form is ready as it stands. The others fail on a missing element: a box ticked in advance, a group instead of a name, a purchase that depends on agreeing, wording hidden behind a link, or no phone field for the person to fill in.

Five sign-up forms checked against the seven elements of written consent
FormSeller(s) namedSigns byElements in placeFirst thing to fix
Roofing quote requestHarbor Lane RoofingUnticked box7 of 7Nothing: ready to use
Gym membership checkoutLakeside Fitness"Join now" button6 of 7Not a condition of purchase: Agreeing is required to buy, so the required line would be untrue. Make consent optional.
Dental recall sign-upBayview DentalUnticked box6 of 7Clear and conspicuous: Behind a link the disclosure is not in the agreement the person signs.
Car dealer test-drive formNorthgate Auto and our partnersBox ticked in advance5 of 7Signature: A box ticked in advance records nothing the person did. Use an unticked box.
Two-brand service accountSummit HVAC, Summit PlumbingUnticked box6 of 7Telephone number: The form must collect the number the person signs for.

One seller per consent: what changed in 2025

In 2023 the FCC adopted a rule that, as the 11th Circuit described it, counted a consent only if the person “consents to calls from only one entity at a time,” and only for calls whose subject matter is “logically and topically associated with the interaction that prompted the consent.” It never took effect. On 2025-01-24 the court held that the FCC had exceeded its authority: “we grant IMC's petition for review, vacate Part III.D of the 2023 Order, and remand.” The FCC then “conforms the Commission's rules to a court decision nullifying the first full paragraph of the revised prior express written consent rule,” effective 2025-08-29, and noted that the revised rule “had not gone into effect.” The current § 64.1200(f)(9) carries no one-to-one wording.

  1. 2025-01-24The 11th Circuit vacates the FCC's one-to-one consent rule before it takes effect.
  2. 2025-04-30The court issues its mandate.
  3. 2025-08-29The FCC removes the wording; § 64.1200(f)(9) returns to its earlier text.

So the federal rule no longer caps a consent at one seller. That is not the same as a free pass for a long list. The court's own test is that a person must “clearly and unmistakably state, before receiving a robocall, that they are willing to receive the robocall,” and a box that says “our marketing partners” names no one. Two other rulebooks still point at a named seller. For prerecorded sales calls, the FTC's Telemarketing Sales Rule wants a written agreement that “Evidences the willingness of the recipient of the call to receive calls that deliver prerecorded messages by or on behalf of a specific seller” (16 CFR § 310.4(b)(1)(v)(A)(iii)). For texts, CTIA's carrier guidelines say “A Consumer opt-in should not be transferable or assignable. A Consumer opt-in should apply only to the campaign(s) and specific Message Sender for which it was intended or obtained” (§ 5.1.2.2).

Note

For your form, name every business that will call or text, in the wording itself. If two brands share one form, give each its own unticked box so each consent stands alone. Never pass a consent to another business. The full picture is in prior express written consent, and the tools that capture and store the signed wording are compared in consent capture tools. For a paper or web sign-up form for a texting program alone, use the SMS consent form template.

Check wording you already use

Paste the consent text from your current form. The check looks for the words each element needs and flags the ones it cannot find. It reads words, not meaning, so a pass here is a first pass, not a review. The sample is a common pattern with three gaps. If you collect texting opt-ins only, the SMS opt-in language builder covers the carrier side.

The check looks for this exact name in the wording.

Word check

3 missing

  • Signature§ 64.1200(f)(9), (f)(9)(ii)FoundTies agreement to an act (check, click, type).
  • Seller named§ 64.1200(f)(9)Not foundNames a group (partners, affiliates). Name each seller.
  • Telephone number§ 64.1200(f)(9)FoundPoints at the number the person gave.
  • Marketing purpose§ 64.1200(f)(9)FoundSays the messages are marketing.
  • Dialer or voice named§ 64.1200(f)(9)(i)(A)Not foundNo autodialer, automated system or prerecorded voice named.
  • Not a condition of purchase§ 64.1200(f)(9)(i)(B)Not foundMissing the "not a condition of purchase" line.
  • Clear and conspicuous§ 64.1200(f)(9)(i)CheckWording alone cannot show this: place it next to the button, in readable type.

State notes

Three state laws define written consent in their own words, read on each legislature's site on 2026-10-22. Each one names text messages and voicemail as well as calls.

States with their own written-consent definition (read this run)

  • FL
  • OK
  • MD
  • FL

    Florida

    Fla. Stat. § 501.059(1)(g)

    The consent must authorize “a telephonic sales call using an automated system for the selection and dialing of telephone numbers, the playing of a recorded message when a connection is completed to a number called, or the transmission of a prerecorded voicemail” Fla. Stat. § 501.059(1)(g).

  • OK

    Oklahoma

    15 O.S. § 775C.2(3)

    The consent must authorize “a commercial telephonic sales call using an automated system for the selection or dialing of telephone numbers, the playing of a recorded message when a connection is completed to a number called, or the transmission of a prerecorded voicemail” 15 O.S. § 775C.2(3).

  • MD

    Maryland

    Md. Code, Com. Law § 14-4501(d)

    The consent must authorize “a telephone solicitation using an automated system for the selection or dialing of telephone numbers; the playing of a recorded or artificial voice message when a connection is completed to a number called; or the transmission of a prerecorded voicemail” Md. Code, Com. Law § 14-4501(d).

Caution

These three definitions list more than the federal one: an automated system that selects or dials numbers (Florida: selects and dials), recorded messages and prerecorded voicemail. If you text or call people in those states, tick the builder's state option. Other states were not read for this page; their rules are summarised in mini-TCPA state laws.

Sources

Every rule the builder encodes, with the date it was read. The stakes for getting it wrong: $500 per call or text, up to three times that ($1,500) if the court finds the violation willful or knowing (47 U.S.C. § 227(b)(3); the penalty estimator runs the numbers). This is a drafting aid, not legal advice.

  1. 47 CFR § 64.1200(a)(2), (a)(3), (a)(10) and (f)(9): FCC delivery restrictions and the written-consent definition (eCFR)fetched 2026-10-22
  2. 16 CFR § 310.4(b)(1)(v)(A): Telemarketing Sales Rule, written agreement for prerecorded calls (eCFR)fetched 2026-10-22
  3. FCC 12-21, TCPA Report and Order (Feb. 15, 2012), ¶¶ 33–34: specific seller, burden of proof, E-SIGN consentfetched 2026-10-22
  4. 15 U.S.C. § 7006(5): E-SIGN Act definition of an electronic signature (govinfo)fetched 2026-10-22
  5. Facebook, Inc. v. Duguid, No. 19-511 (U.S. Apr. 1, 2021), fn. 2 (texts)fetched 2026-10-22
  6. Insurance Marketing Coalition Ltd. v. FCC, No. 24-10277 (11th Cir. Jan. 24, 2025)fetched 2026-10-22
  7. FCC final rule conforming § 64.1200(f)(9) to the 11th Circuit's mandate, FR Doc. 2025-16641 (Aug. 29, 2025)fetched 2026-10-22
  8. CTIA Messaging Principles and Best Practices (May 2023), §§ 5.1.2, 5.1.2.1, 5.1.2.2fetched 2026-10-22
  9. Fla. Stat. § 501.059 (Florida Telephone Solicitation Act)fetched 2026-10-22
  10. 15 O.S. § 775C.2 (Oklahoma Telephone Solicitation Act), Title 15 compiledfetched 2026-10-22
  11. Md. Code, Com. Law § 14-4501: telephone solicitation definitions (Maryland General Assembly)fetched 2026-10-22