# SMS/Call Consent Audit

Make sure your text and call consent practices meet the FCC's new one-to-one consent rules before a $1,500-per-message lawsuit hits

$1299 — Per audit engagement Turnaround: 5-7 business days

The Telephone Consumer Protection Act (TCPA) imposes $500-$1,500 in statutory damages per message or call made without proper consent — with no cap. TCPA class actions are among the most lucrative for plaintiffs' attorneys, and the FCC's new one-to-one consent rule (effective January 2025) has made many previously-common lead generation and consent practices illegal. Performance West audits your SMS and calling consent practices against current TCPA requirements including the new FCC rules. We review your consent collection methods, opt-in language, consent records, autodialer usage, and compliance with the one-to-one consent requirement. We check your website forms, lead generation flows, vendor-provided leads, and internal calling/texting procedures. For each gap, we provide specific remediation steps to bring your practices into compliance.

## Risk if non-compliant

TCPA statutory damages are $500-$1,500 per message with no cap. A 10,000-message SMS campaign without proper consent could expose you to $5M-$15M in damages.

## Potential penalties

- ⚠ $500 per violation (negligent)
- ⚠ $1,500 per violation (willful or knowing)
- ⚠ No statutory cap on damages
- ⚠ Class action exposure for systematic violations
- ⚠ FCC enforcement actions and fines
- ⚠ State-level TCPA equivalent penalties

## What we deliver

- ✓ Review all consent collection methods and forms
- ✓ Audit consent language against FCC requirements
- ✓ Verify one-to-one consent compliance (new 2025 rule)
- ✓ Review autodialer and ATDS usage
- ✓ Audit lead generation and vendor-provided consent
- ✓ Check DNC list scrubbing procedures
- ✓ Test opt-out and unsubscribe mechanisms
- ✓ Deliver remediation plan with compliant consent templates

## Frequently asked questions

### What is the one-to-one consent rule?

The FCC's new rule requires that consumers give consent to be contacted by a specific, identified seller. Broad consent to be contacted by 'marketing partners' or multiple companies is no longer valid.

### Does TCPA apply to text messages?

Yes. TCPA applies to text messages, phone calls, faxes, and any communication sent using an automatic telephone dialing system (ATDS) or artificial/prerecorded voice.

### What about transactional messages?

Some transactional messages (appointment reminders, order confirmations) may have different consent requirements than marketing messages. We assess both categories.

### We buy leads from vendors. Are we liable?

Yes. You are responsible for ensuring proper consent exists for every person you contact, even if the leads came from a third-party vendor. This is one of the highest-risk areas we audit.

## Ready to get started?

Contact us to discuss your compliance needs or request a quote.

Get started View pricing

Or call us: 1-888-411-0383

## Stay ahead of compliance changes

Regulatory updates, enforcement trends, and compliance tips. No spam.

### Join our mailing list

Name (optional)
Company (optional)
Email *
I agree to receive compliance updates and service announcements from Performance West Inc. I can unsubscribe at any time. We never share your email.
Website

You're on the list!

We'll send compliance updates and regulatory alerts.

### How can we help?

Choose a category and tell us what you need.

Name (optional)
Email (for follow-up)
Subject *
Message *

0 / 5000

Name *
Email *
Company (optional)
Phone (optional)
Service interest *
Details (optional)

#### Sign in for support

Sign in to access your client portal where you can view your orders, submit support requests, and manage your services.

#### Request received

We'll get back to you within one business day.

Ref:

Email
Password

Your Name
Email
Password

### Reset your password

Enter your email and we'll send you a reset link.

Email