What is TCPA proof of consent?

A record showing that the person you called or texted agreed to be contacted: the page and wording they saw, what they did, who they are and when. Under the FCC's rules, marketing calls and texts made with an autodialer or a prerecorded voice need prior express written consent, and if a consumer sues, you need to be able to show it.

Is the FCC one-to-one consent rule in effect?

No. The Eleventh Circuit vacated it on 24 January 2025, three days before it was due to take effect, and the FCC has since removed it from its rules. The underlying requirement for prior express written consent still applies, and several states have their own telemarketing laws.

Does recording a form submission make my leads TCPA compliant?

No tool can promise a TCPA outcome. A recording proves what happened: the page, the disclosure and the consumer's actions. Whether that consent is valid depends on the disclosure itself, which your counsel should review.

Guides · TCPA

TCPA proof of consent, in plain English

If someone sues over a call or a text, the question is simple: can you show they agreed? This guide covers what a consent record has to show, how long to keep it, and who should hold it. It is a plain-English summary with links to the rules themselves. It is not legal advice; your counsel decides what your campaign needs.

What counts as consent

For marketing calls and texts made with an autodialer or a prerecorded voice, the FCC's rules require prior express written consent. Its definition asks for an agreement in writing, signed by the person being called, that clearly authorizes the seller to reach them that way. The consumer has to be told what they are agreeing to, and told that agreeing is not a condition of buying anything. An electronic signature counts where federal or state law recognizes it, which covers a checkbox and a submit button on a web form.

So the consent itself is usually easy to collect. What is hard, two years later, is proving exactly what the consumer saw and did on the day they gave it.

The three questions a consent record has to answer

What does it have to show?: The page and wording the consumer actually saw, what they did, who they are, and when. The FTC's telemarketing rule lists five things a consent record must contain. What a consent record has to contain →
How long do you keep it?: Longer than most vendors keep it for you. Federal TCPA claims can be brought for four years, counted from each call, and the telemarketing rule asks for five years of records. How long to keep consent records →
Who holds it?: If the proof that your consumer agreed lives in a vendor's system, you get it back on the vendor's terms and for as long as the vendor keeps it. If it lives in storage you own, it is there when counsel asks for it, and it leaves with you if you ever switch tools.

What changed in 2025

The FCC adopted a "one-to-one" consent rule that would have made each consent name a single seller. On 24 January 2025, three days before it was due to take effect, the Eleventh Circuit vacated it in Insurance Marketing Coalition v. FCC, and the FCC has since removed it from its rules.

That did not make consent optional. The underlying requirement for prior express written consent still stands, and several states have their own telemarketing laws, some stricter than the federal rules. The need to prove consent went up, not down.

Where Kapture fits

Kapture records each form submission as it happens: every field, the page the consumer saw, the disclosure on it and the checkbox they ticked, as a replay plus a tamper-proof record. The record is written to your own storage bucket, it carries an ID that travels with the lead, and a buyer or dialer can look that ID up before calling. Lead recordings are $0.001/certificate, flat at every volume, and you keep them for as long as your retention policy says.

Two things it does not do. A record proves what happened; it cannot make a flawed disclosure compliant, and no tool can promise a TCPA outcome. And if a buyer's contract names a specific certificate vendor, a Kapture record is not that vendor's certificate.

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Questions

What is TCPA proof of consent?: A record showing that the person you called or texted agreed to be contacted: the page and wording they saw, what they did, who they are and when. Under the FCC's rules, marketing calls and texts made with an autodialer or a prerecorded voice need prior express written consent, and if a consumer sues, you need to be able to show it.
Is the FCC one-to-one consent rule in effect?: No. The Eleventh Circuit vacated it on 24 January 2025, three days before it was due to take effect, and the FCC has since removed it from its rules. The underlying requirement for prior express written consent still applies, and several states have their own telemarketing laws.
Does recording a form submission make my leads TCPA compliant?: No tool can promise a TCPA outcome. A recording proves what happened: the page, the disclosure and the consumer's actions. Whether that consent is valid depends on the disclosure itself, which your counsel should review.