Prior express written consent, usually abbreviated PEWC, is the strictest consent standard in the TCPA, the signed, formal agreement a commercial marketer needs before texting you promotions with an autodialer. It's also the standard political campaigns are exempt from, which is the single most important fact about political texting consent. Here's what PEWC is and why the exemption shapes everything.
What is prior express written consent?
PEWC is a written, signed agreement in which a person clearly consents to receive marketing messages sent by automated means, and it has specific requirements: it must be a clear, conspicuous disclosure, it must not be a condition of purchase, and it must be an affirmative act by the consumer. In short, it's a formal, documented "yes" to marketing texts. It's the high bar because it applies to commercial marketing, the coupons, promotions, and sales texts, where regulators wanted the strongest protection.
How does it differ from ordinary consent?
By formality. Ordinary express or implied consent can arise from a range of actions, giving a number for a purpose, opting into updates, without a signed marketing agreement. PEWC requires that specific, signed, disclosed agreement. So the difference isn't whether consent exists but how formal and documented it has to be: PEWC is consent with strict, prescribed formalities attached, aimed at automated commercial marketing.
Why does the PEWC exemption matter for campaigns?
Because it's exactly the standard political campaigns don't have to meet. Campaigns are exempt from PEWC, they can rely on express or implied consent without the signed marketing agreement. This is the core distinction between political and commercial texting: a retailer needs PEWC; a campaign needs consent, but not that formal, signed kind. The exemption is what gives political texting its latitude. But it's a common trap to hear "exempt from written consent" and conclude "no consent needed", campaigns still need real consent, just not PEWC. Understanding PEWC precisely, the thing you're exempt from, keeps you from over- or under-reading the rules.
Frequently asked questions
What is prior express written consent (PEWC)?
The strictest TCPA consent standard, a written, signed agreement to receive marketing messages by automated means, with specific disclosure requirements. It applies to commercial marketing texts.
Do political campaigns need PEWC?
No. Campaigns are exempt from prior express written consent and can rely on express or implied consent without the signed marketing agreement. But they still need some form of real consent, just not PEWC.
How is PEWC different from regular consent?
By formality. Ordinary express or implied consent can arise from various actions without a signed agreement; PEWC requires a specific, signed, disclosed marketing agreement. PEWC is consent with strict prescribed formalities.
Keep reading: do campaigns need consent to text voters? and political vs commercial texting. For the rules, see the FCC.
This is general information, not legal advice, current as of the date above.