The Importance Of Consent Under The Telephone Consumer Protection Act

In today’s business environment, companies increasingly rely on text messaging and email to communicate quickly with customers. Whether it is a promotional offer, a reminder notice, or a service update, these communications can strengthen relationships and drive customer loyalty. But businesses must tread carefully when reaching out electronically, because the Federal Telephone Consumer Protection Act (TCPA) imposes strict requirements on how and when such communications can be sent.

At the heart of TCPA compliance is one simple but critical principle: obtain clear and proper consent from your customer before sending texts or emails. This step is not only required by law but also provides businesses with a powerful defense against costly consumer claims.

What the TCPA Covers

The TCPA was enacted in 1991 to curb unwanted telemarketing calls, faxes, and other intrusive communications. Over time, its reach has expanded to include text messages and, in certain contexts, emails sent to wireless devices. The Federal Communications Commission (FCC) and the courts have made it clear that text messages fall squarely within the scope of the Act, and businesses that send them without prior consent can face steep penalties.

Violations can be costly. Under the TCPA, consumers can seek damages of $500 per violation—and up to $1,500 for willful violations. For a company sending messages to hundreds or thousands of customers, those numbers can escalate quickly into multimillion-dollar exposure. Class action lawsuits under the TCPA have become common, and many businesses have paid significant settlements simply because they failed to properly obtain and document consent.

The Role of Consent

The FCC emphasizes that consent must be clear, conspicuous, and unambiguous. Silence, pre-checked boxes, or buried disclaimers in terms and conditions generally do not qualify as valid consent. When consumers bring claims under the TCPA alleging that they received unwanted communications, proof of consent often becomes the decisive issue. A business that can produce records showing the customer agreed to receive the texts or emails has a strong defense against liability.

For example, if a consumer sues claiming they never agreed to receive promotional texts, a business can present its consent records—such as a digital log showing the customer opted in through an online form. Courts have consistently recognized valid consent as a complete defense to TCPA claims. On the other hand, without reliable documentation of consent, businesses are left vulnerable. Even well-intentioned communications, like notifying a customer about a delivery delay, can create liability if prior consent was not obtained and recorded.

Best Practices for Self Storage Operators 

To minimize TCPA risk and preserve the consent defense, businesses should adopt best practices, including using a consent provision in their lease. An example:

COMMUNICATION: Occupant recognizes Operator and Occupant are entering into a business relationship. Occupant hereby provides its express written consent to Operator (and Operator’s agents, employees, representatives, affiliates and those acting on its behalf) phoning, SMS messaging/texting, faxing, e-mailing, and using social media to communicate with Occupant with debt collection, marketing, informational, account-related, and/or other business-related communications from and on behalf of Operator, its agents, employees, representatives, affiliates and others acting on its behalf. Occupant provides its express written consent to receiving telephone calls and messages (including SMS messaging/text messaging) from and on behalf of the Operator using prerecorded messages or artificial voice, and calls and messages delivered using automated telephone dialing system or an automatic texting system, to the phone number(s) provided in this Agreement or to any phone number subsequently provided by Occupant to Operator. Occupant also provides its express written consent to receiving autodialed calls and SMS messaging/text messages from and on behalf of the Operator at the phone number(s) provided by Occupant in this Agreement or at any other phone numbers provided by Occupant to Operator. Calls and SMS/text messages from and on behalf of Operator to Occupant may provide alerts regarding offers and promotions from the Operator, the Occupant’s account with Operator, Occupant’s tenancy in the Space, Occupant’s use of the Facility, information about the Space and/or the Facility, and/or the business relationship between Operator and Occupant. Occupant understands that text messaging and data rates may apply to any calls and/or messages received from Operator and that not all carriers are covered. 

Occupant may opt-out of this consent by emailing ___________@______.com or reply STOP to any SMS/text message received. Occupant certifies and warrants that the phone number(s) provided in this Agreement are that of the Occupant.

Conclusion

The TCPA is a powerful statute that protects consumers but also exposes businesses to significant liability if they fail to comply. Consent is not just a formality; it is both a legal requirement and the most effective shield against consumer claims. By taking the time to obtain, document, and respect customer consent, businesses can communicate confidently, reduce legal risks, and strengthen trust with their customers.

More Self-Storage Legal Issues

We Are Proudly Sponsored By:

About Us

Scott Zucker is a partner in the law firm of Weissmann Zucker Euster + Katz P.C. in Atlanta, GA. Scott specializes in business litigation with an emphasis on real estate, landlord-tenant and construction law. For more visit www.wzlegal.com. 

Shop Now

This newsletter is for the purpose of providing general legal insight into the self-storage industry. It should not be substituted for the legal advice of your own attorney.