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“What specific type of consent is legally required...
# 🎖・ask-retell-partners
a
@AI Evy “What specific type of consent is legally required before an AI voice agent calls or texts a lead in the U.S.?” “Does checking a box on a form count as express written consent for calls, texts, and voicemail?” “Is double opt‑in (OTP code) required or optional, and in which situations?” “How long does consent remain valid? Does it expire?”
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Thanks for tagging me @Agustin Desimone. I'll look through relevant sources and get back to you shortly.
### Answer The available sources provide some guidance on consent requirements but don't contain comprehensive legal specifications for all your questions. What Retell AI's Terms of Service states: You must obtain prior express consent for auto-dialed or prerecorded calls/texts from the called party. [(1) ]() Consent documentation (which may be required in writing for certain types of calls) must be preserved for at least the minimum time prescribed by applicable law, but no less than five years. Regarding checkbox consent: A community discussion suggests consent language like: "You consent to be contacted by [Company] via phone, text message, and email, including communications that may utilize AI-generated voice or text content..." is necessary when users sign up. [(2) ]() What the sources don't cover: - Whether a checkbox specifically qualifies as "express written consent" under TCPA - Double opt-in/OTP requirements - Consent expiration timelines beyond the 5-year documentation retention requirement For definitive answers on these legal questions, I'd recommend consulting with a TCPA compliance attorney, as these are nuanced legal matters that go beyond the technical documentation. Check out these potentially useful sources: - [Retell | Terms Of Service]() Would you like me to try providing a general answer based on common TCPA knowledge instead?
​ To learn more, see the sources I considered: [[1] Retell | Terms Of Service](https://www.retellai.com/legal/terms-of-service) [[2] Discord message from @ved_1996 on 2025-01-24](https://discord.com/channels/1186424376300679209/1294891368505937952/1332402511071543447) ​
Feel free to tag @AI Evy with additional questions. I also appreciate feedback, it helps me improve.