What is TCPA consent language and why does my agency need it?

TCPA consent language is the opt-in text a business shows a consumer before it is allowed to call or text them with an autodialer or an artificial or prerecorded voice. The Telephone Consumer Protection Act requires prior express written consent for marketing calls and texts placed with that technology, and an AI voice agent placing outbound calls squarely counts. Without clear, conspicuous consent on the form where the lead gives their number, your client is exposed to statutory damages of five hundred to fifteen hundred dollars per call or message. As the agency deploying the agent, you set up the flow, so a weak consent line becomes your problem too. This generator gives you a clean, defensible opt-in block to drop on intake forms, landing pages, and lead magnets so the consent exists before the first call ever fires.

Does this language make my agency or my client legally compliant?

It gives you a strong, standards-aligned starting point, not a legal guarantee. The text this tool produces follows the structure regulators and courts look for: a clear statement that the consumer agrees to receive autodialed or AI voice and text messages, a note that consent is not a condition of purchase, message-and-data-rates language for SMS, and clear opt-out instructions. That covers the common failure points. But TCPA enforcement turns on facts, like whether the checkbox was pre-checked, whether the disclosure was actually visible, and whether you honored opt-outs. State mini-TCPA laws such as Florida and Oklahoma add their own twists. Treat this as a well-built template, then have your client's counsel review it before it goes live for a regulated or high-volume program.

What is the difference between consent for marketing calls and informational calls?

The TCPA sets a higher bar for marketing than for purely informational contact. Marketing or telemarketing calls and texts placed with an autodialer or an artificial or prerecorded voice need prior express written consent, which means a signed or checkbox agreement that names the seller and clearly says the consumer agrees to promotional contact. Purely informational or transactional messages, like an appointment reminder or an order update to someone who already gave you their number, generally need only prior express consent, a lower standard. The catch is that the line blurs fast: a reminder that also pitches a new service is marketing. This generator lets you pick the use case so the output matches the right standard, and when in doubt it defaults to the stricter written-consent framing.

Do AI voice agents change anything about TCPA consent?

Yes, and recent FCC guidance made this sharper. The FCC has clarified that calls using AI-generated or cloned voices are treated as artificial or prerecorded voice calls under the TCPA, which means they require the same prior express written consent as a classic robocall when the purpose is marketing. So an outbound AI voice campaign is not a gray area, it needs documented written consent before the first dial. Inbound is different: if a customer calls your client, that is generally fine, and informational follow-ups they expect are lower risk. The practical takeaway for agencies is to gate every outbound list behind a real consent record and to keep proof of when and how each contact opted in. This tool's outbound options use the AI-voice-aware written-consent language to keep you on the right side of that guidance.

How do I actually use the generated consent text?

Place it at the point of capture, right next to the field where the consumer enters their phone number, on the same form they submit. Use an unchecked checkbox the user actively ticks rather than a pre-checked box or a buried link, because pre-checked consent is one of the fastest ways to lose a TCPA case. Keep the text visible and legible, not hidden behind a tiny gray link. Then store the record: capture a timestamp, the form URL, the IP address, and the exact consent wording shown, so you can prove later what the consumer agreed to. Honor opt-outs immediately and maintain a do-not-contact list. If you run campaigns across multiple clients on one platform, keep each client's consent records separate so an opt-out for one brand does not get mixed up with another.

Where does Hermes fit into staying TCPA compliant?

Hermes is the operating platform agencies use to deploy and manage AI voice agents under their own brand, and compliance hygiene is part of running campaigns on it. You build agents, connect numbers, and run inbound and outbound campaigns from one place, which means consent gating, opt-out handling, and per-client separation live in the same system instead of being scattered across five tools. Hermes does not replace your lawyer, and you still own the consent you collect, but consolidating the workflow makes it far easier to keep clean records and honor opt-outs consistently. Starter is one hundred forty-nine dollars a month with three white-label workspaces, Business is three hundred ninety-nine, and Agency is six hundred ninety-nine. Want the full breakdown for your agency? Book twenty minutes and we will walk through how to run compliant voice campaigns on one platform.

free tool

TCPA consent language generator.

Pick your use case and state, get ready-to-paste opt-in language for AI voice and SMS campaigns. Built to match prior express written consent requirements so the consent exists before your agent ever dials. No email, no signup.

/ business name/ use case/ stateInclude SMS / text messaging

/ written consent (marketing)

By providing my phone number and checking this box, I give my prior express written consent for Your Business Name and its agents to contact me at the number provided with automated phone calls (including calls using an artificial or AI-generated voice) and text messages, including for marketing and promotional purposes, using an automatic telephone dialing system or prerecorded or artificial voice. I understand that my consent is not required as a condition of purchasing any goods or services. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time, or reply HELP for help.

Place this next to the phone-number field with an unchecked box the user actively ticks. Store a timestamp, the form URL, and the exact text shown.

Your inputs are encoded in the URL. Send it to a client or partner and they see the same consent block.

This tool generates a standards-aligned template, not legal advice. TCPA and state mini-TCPA enforcement turns on the facts of your flow. Have counsel review before launching a high-volume or regulated program.

how it works

Consent has to exist before the first call.

The TCPA is the single biggest legal risk in outbound voice, and it is also the easiest to get wrong. The law requires prior express written consent before you place a marketing call or text with an autodialer or an artificial or prerecorded voice. The FCC has clarified that AI-generated and cloned voices count as artificial voice, so an outbound AI voice campaign needs the same documented consent as a classic robocall. Damages run five hundred to fifteen hundred dollars per call or message, and they stack fast across a list.

Good consent language is not complicated, it just has to be present and clear. It names the business, states plainly that the consumer agrees to receive automated or AI voice and text messages, makes clear that consent is not a condition of purchase, includes message-and-data-rates language for SMS, and gives a clear way to opt out. Where it goes matters as much as what it says: put it next to the phone number field, use an unchecked box the user actively ticks, keep it visible, and store a timestamped record of exactly what was shown. Pre-checked boxes and buried links are how agencies lose these cases.

This generator builds that block for you based on your use case and state. It picks the right consent standard for marketing versus informational contact and layers in the stricter mini-TCPA framing for states like Florida and Oklahoma. Treat the output as a strong template, have counsel review it for high-volume programs, and keep clean records. When you are ready to run campaigns, Hermes lets you gate consent, handle opt-outs, and keep each client's records separate on one platform from one hundred forty-nine dollars a month.

frequently asked

Common questions.

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Run compliant voice campaigns on Hermes.

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Want the full breakdown for your agency? Book 20 minutes and we will map your consent flow, opt-out handling, and per-client records on your branded platform with you live.

TCPA consent language generator.

Consent has to exist before the first call.

Common questions.

Run compliant voice campaigns on Hermes.

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