Texting consent doesn't come with a hard federal expiration date, but treating an old opt-in as good forever is a mistake. Consent can go stale, get invalidated, or become impossible to prove, and a campaign texting on the strength of a years-old opt-in it can't document is taking on real risk. Here's how long consent actually lasts and what erodes it.
Does consent have an expiration date?
Not a fixed federal one. The TCPA doesn't set a specific window after which an opt-in automatically expires, so in principle a valid opt-in remains valid until it's revoked. But "in principle" does a lot of work here, because several things can undermine an old consent even though the calendar alone doesn't kill it. Some state laws also impose their own consent and record-retention timelines that effectively shape how long you can rely on an opt-in.
What can invalidate or weaken consent?
A few things erode an old opt-in:
- Revocation. An opt-out ends consent immediately and permanently, at any time.
- A reassigned number. If the number changed hands, your consent was for the old owner, not the new one. See the reassigned-number problem.
- Unprovable consent. If you can't document when and how someone opted in, the consent is effectively worthless in a dispute even if it was real.
- Staleness in practice. A voter who opted in years ago and heard nothing since may not remember you, which raises complaint risk even where the consent technically holds.
How should campaigns treat old consent?
Cautiously, and with re-engagement rather than assumption. If a list has gone quiet for a long time, don't just blast it, re-engage carefully with a reminder of who you are, watch the opt-out rate, and prune the numbers that have clearly gone cold. And keep your records durable enough to prove the consent whenever you rely on it. The safe posture isn't a fixed expiration date; it's treating consent as something you maintain, document, and refresh, not something you bank once and spend forever.
Frequently asked questions
Does texting consent expire?
There's no hard federal expiration date, so a valid opt-in generally lasts until it's revoked. But consent can be weakened by reassigned numbers, lost records, or staleness, and some state laws impose their own timelines.
How long can you rely on an old opt-in?
As long as it's still valid and provable, but the older and quieter it gets, the more carefully you should re-engage rather than blast. Prune numbers that have gone cold.
What invalidates texting consent?
An opt-out ends it immediately, a reassigned number transfers it to nobody, and unprovable consent is worthless in a dispute. Staleness raises complaint risk even where consent technically holds.
Keep reading: re-engaging a lapsed list and recordkeeping for text compliance. For the rules, see the FCC.
This is general information, not legal advice, current as of the date above.