PEWC (Prior Express Written Consent)

The TCPA's consent standard for telemarketing calls and texts to cell phones.

Prior Express Written Consent (PEWC) is the standard the Telephone Consumer Protection Act (TCPA) requires before you can place telemarketing calls, send marketing texts, or use automated dialing to a consumer's cell phone.

What counts as PEWC

• Must identify the seller(s) — the consumer needs to know who may contact them.
• Must specify that the consent is for telemarketing calls or texts (not just general business contact).
• Must disclose that consent is not required for purchase. Bundling consent with a purchase obligation is a per-se violation.
• Must disclose that automated dialing or prerecorded voice may be used.
• Must be unambiguous and conspicuous — buried disclosures don't survive litigation.

Why operators care

Statutory damages under the TCPA are $500 per violation (treble for willful). Class-action exposure for non-consented marketing campaigns regularly reaches seven figures. PEWC is the line between defensible lead generation and TCPA litigation.

How serious operators capture it

The standard tool is TrustedForm (by ActiveProspect) or Jornaya. These services inject a JavaScript snippet on the landing page that records the consumer's interaction with the consent disclosure and produces a certificate URL that proves consent. Most regulated-vertical buyers require a TrustedForm certificate with every lead.