What this is about In the US, calls and text messages are regulated more tightly than many newly arrived business owners expect. The law people mention most is the TCPA. It says you may not call or text someone without their consent, especially when dialing is automated. Penalties are counted per message, and lawyers make active use of that. For a small business one such case can cost more than a year of advertising. This is not legal advice: for that, talk to your attorney. This is an explanation of why your site needs a checkbox and what it should say. # What counts as consent Briefly: the person themselves, clearly and knowingly, allowed you to contact them in a specific way. Several practical rules follow. ## The box must not be pre checked A box ticked by default is not consent. The person ticks it. ## The text must be visible next to the button Not behind a link in the privacy policy, but right in the form where the person taps. ## The text must name who will be calling Your company or legal entity. "We" does not do it. ## The channels must be listed Calls, texts, messengers. If you intend to write on WhatsApp, say so. ## Automated dialing must be mentioned If calls or messages go out automatically, say it plainly. ## Consent cannot be a condition of purchase The line stating that consent is not required to buy is there for a reason: without it the consent is treated as coerced. ## There must be a way to opt out The familiar formula about replying STOP to texts. # What you must be able to show A checkbox alone is not enough: you need to prove what exactly the person agreed to. So store, along with the lead: - The full consent text exactly as the person saw it. - Date and time. - The page address. - The IP address. If the wording on the site changes later, you still hold the version this particular person saw. That is what saves you in a dispute. Our site works this way: the consent text travels to the server with the lead and is stored with it. That is not decoration, it is how you sleep at night. # Texting specifically Business texting in the US is also governed by carrier rules. To send messages as a business, the number has to be registered, and messages must identify the sender and offer a way to opt out. That is why consent to texting is usually a separate checkbox: someone may allow calls but not messages. # Common questions ## Can I call people who left a number a year ago Consent is not treated as eternal, especially with no contact in between. Call quickly, and be careful with old lists. ## Can I buy a list of numbers No. Consent was given to someone else, not to you. ## Do I need a checkbox if the person called me If they called you, that is one thing. But if you then start a campaign, you need consent for the campaign. # What to check on your site today 1. The box is not pre checked. 2. The text names your legal entity, lists the channels, states that consent is not required to buy, and explains how to opt out. 3. The consent text is stored with the lead, not just the fact of the tick. 4. There is a separate checkbox for texting if you plan to text. Fix anything missing before you switch on ads: the more leads you get, the more an error costs.
