Legal

TCPA Consent Guide

Understanding consent requirements for outbound calls using Vapi’s voice agent service.

This guide details the consent requirements under the Telephone Consumer Protection Act (TCPA) for callers using Vapi’s voice agent service to make outbound telephone calls.

The TCPA does not apply to inbound telephone calls.

The type of consent required depends on whether the call is marketing or non-marketing:

Message TypeConsent RequiredConsent RequirementsSample Consent Disclosure Language
MarketingPrior Express Written Consent (PEWC)1. Signed written agreement from the recipient; AND

2. Clear and conspicuous disclosure that:
    (A) The consumer agrees to receive calls using artificial or prerecorded voice from the caller at the number(s) provided; AND
    (B) The consumer’s consent is not a condition for purchasing goods or services from [Company].		By [signing below/checking this box/clicking “I Accept”], I consent to receive marketing calls from and on behalf of [Company] and its affiliates, including calls made using an artificial or prerecorded voice, an automated telephone dialing system, or automated texting system. Calls and texts may be generated from computers or from persons. [Company].
Non-MarketingPrior Express Consent (PEC)The TCPA does not define PEC. However, the FCC has stated that non-marketing calls can form PEC for any phone number that is related to the transaction between the caller and consumer.

Therefore, an express and obvious consent is sufficient.		By [signing below/checking this box/clicking “I Accept”], I consent to receive non-marketing calls from and on behalf of [Company] and its affiliates, including calls made using an artificial or prerecorded voice or an automated telephone dialing system (note that I have provided the phone number(s) that I would like to receive these calls).

*The signature may comply with the E-SIGN Act (e.g., email, website form, telephone keypress, text message, voice recording).

Understanding “Marketing”

“Marketing” is interpreted broadly to include calls that:

  • Encourage the purchase or rental of (or investment in) property, goods, or services
  • Advertise the commercial availability or quality of any property, goods, or services

When providing consent, a consumer must affirmatively opt in. A pre-checked box next to consent disclosure language does not qualify as providing consent.

A consumer may revoke consent at any time through any reasonable means (e.g., using a telephone keypress, speaking with a representative, selecting preferences via an online portal), so callers should provide a clear procedure for consumers to opt-out and honor their opt-out requests.

Remaining Questions? This consent guide does not constitute legal advice and does not cover other telemarketing laws that may apply (e.g., federal Do-Not-Call (DNC) rules, state law). If you have further questions, please speak with an attorney who specializes in telemarketing compliance.