How do I prove verbal consent was obtained in the event of a TCPA claim?

Verbal consent proof requires: a recording or written transcript of the verbal interaction documenting the disclosure made and the consumer's affirmative response, the timestamp and agent ID for the call, the specific phone number for which consent was obtained, and secure storage meeting a 4-year retention minimum. Without call recording or a contemporaneous transcript, verbal consent is extremely difficult to defend in TCPA litigation. MyTCRPlus recommends supplementing verbal consent with a follow-up confirmation text that the consumer can opt out of — creating a documented digital record.

TCR Verbal Consent Script Template

Why Verbal Consent is Tricky

Unlike a web form where a checkbox provides a clear digital record, verbal consent happens in the air. For 10DLC registration, carriers like T-Mobile require proof that you are disclosing all necessary terms before sending the first text.

Vetting Risk:
Rejection for "Lack of Proof"

Legal Risk:
"He Said / She Said" Disputes

Requirement:
Written Script Upload

The "Invalid CTA" Rejection

Many businesses get rejected because they simply say "We ask customers if they want texts." This is insufficient. You must upload the exact script your agents read, showing that all legal disclosures are spoken aloud.

The Approved Verbal Script

Train your staff to read this script verbatim when collecting a mobile number. Copy this text into a PDF document to upload during your 10DLC registration.


                        "Before we finish, would you like to receive text messages from [Brand Name] about your order/appointment? Please note that standard message and data rates may apply, and message frequency varies. You can reply STOP at any time to opt out. Do we have your permission to send texts to this number?"

Key Elements Explained

Brand ID: Explicitly states who is sending the message.
Cost Disclosure: "Message and data rates may apply" is mandatory.
Revocation: Telling them how to stop ("Reply STOP") upfront builds trust and meets carrier rules.
Affirmative Question: Ends with a direct question requiring a "Yes" answer.

How to Submit This to TCR

When registering your campaign, you will be asked for "Opt-In Workflow" or "Call to Action."

1

Select "Verbal" or "In-Person"

Choose the appropriate consent method in the dropdown menu.
2

Describe the Process

Write: "Agents read a compliance script to customers during intake calls/checkout. Customers must verbally agree 'Yes' before we add their number to the SMS list."
3

Upload the Script

Take the text above, put it on your company letterhead, save as PDF, and upload it as "Verbal_Consent_Script.pdf".

Need More Compliance Tools?

Verbal consent is just one piece of the puzzle. Ensure your privacy policy and web forms are also compliant with our complete toolkit.

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Frequently Asked Questions

Do I need to record the calls?

It is highly recommended for legal defense (TCPA lawsuits), but not strictly required for 10DLC registration itself. The script document is required for registration.

Can I use a shorter script?

You risk rejection if you omit key disclosures like "data rates apply" or opt-out instructions. It is better to be verbose and compliant than brief and blocked.

Does this work for marketing texts?

Yes, but marketing consent has a higher legal bar. Ensure the customer explicitly agrees to "marketing" or "promotional" messages in their verbal response.

Web Opt-In Template

Language for your website forms.

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Audit Generator

Create proof of compliance documents.

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Registration Guide

Step-by-step submission help.

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Legal Disclaimer: This verbal script template provides general compliance language based on carrier 10DLC requirements and does not constitute legal advice. Regulatory requirements vary by jurisdiction and business model. Organizations should consult qualified legal counsel to verify compliance with applicable federal and state regulations. MyTCRPlus does not provide legal advisory services.