"Sir, you opted in on our website. You gave consent to be contacted."
It's the fourth call since breakfast. You don't remember any website. Or maybe you do, vaguely: a form you filled out at midnight two years ago while payroll was short. Either way, the caller says it like it settles things. Like you signed away your phone forever.
You didn't. Today you get four questions that pin down what that "consent" actually is, and one sentence that takes it back whatever the answer turns out to be.
New here? Earlier parts covered the phone script, the written stop, the call log, tracing who sold your number, and the wide stop that covers a new company name. They're all on the series page: https://mcafax.com/notebook/series/stop-the-calls
General information, not legal advice.
What "consent" is supposed to look like
For autodialed or prerecorded telemarketing calls to a cell phone, and prerecorded telemarketing calls to a residential line, FCC rules require "prior express written consent" (47 CFR 64.1200(a)(2) and (a)(3)). That phrase has a specific definition (47 CFR 64.1200(f)(9)). It means:
- An agreement in writing, bearing your signature. An electronic or digital signature can count if it's valid under federal or state law.
- It clearly authorizes the seller to deliver telemarketing calls or messages to you using an autodialer or a prerecorded voice.
- It names the phone number those calls can go to.
- It clearly and conspicuously tells you that signing authorizes those calls, and that you don't have to sign it as a condition of buying anything.
Notice who the definition is built around: "the seller," meaning the company the calls are made for (47 CFR 64.1200(f)(10)). So "you gave consent" leaves the real questions open. Gave it to whom, for which number, and when? Read the rule yourself: https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
The tactic: ask for the consent receipt
Step 1: the four questions. Calm voice, pen ready:
"Okay. What date did I give consent? What website was it on? What company name was on the form? And what phone number did I enter?"
Write every answer down. If you keep the call log from Part 3, give it a new column called "Consent claim." Plenty of callers go vague. "It was a partner site." "I don't have that in front of me." Copy that wording exactly. A dodge is still an answer.
Step 2: revoke it anyway. Don't argue about whether the form exists. Say this, then hang up:
"Thanks. Whatever consent you have on file for this number, I revoke it as of today. Put this number on your internal do-not-call list. Don't call, text, or leave voicemails again."
Step 3: follow up by email or letter. Same words, plus the date and time of the call. A free template lives at https://mcafax.com/notebook/toolkit/cease-and-desist-letter.
Why Step 2 works even if they're right
Say the caller is telling the truth and you really did tick a box in 2024. It barely matters. Under the current FCC rule, you can revoke prior express consent, written consent included, by any reasonable method that clearly says you don't want further calls or texts. The caller must honor it within a reasonable time, no more than ten business days from receipt, and for now callers can't insist on one exclusive way to opt out (47 CFR 64.1200(a)(10)). Consent is not a lifetime pass.
That last part is set to change. The FCC released FCC 26-67 on Oct 1, 2026, letting callers designate the opt-out method they'll accept, effective 30 days after it's published in the Federal Register. As of Oct 12, 2026, it had not been published, so no effective date is set yet. The safe habit: when a call or text names an opt-out word, keypress, website, or number, use it as well, and log that you did.
Where this stops
Consent rules cover autodialed and prerecorded calls. A person dialing by hand falls under the do-not-call rules instead, which is why Step 2 also asks for the internal list (47 CFR 64.1200(d)). Those rules are written for residential subscribers and extended to wireless numbers (47 CFR 64.1200(e)).
That matters for a business. Here's the rough map:
| Your line | Consent rule for robocall telemarketing | Internal do-not-call list | National DNC Registry |
|---|---|---|---|
| Cell phone you use for the business | Written consent required, 64.1200(a)(2) | Applies to wireless numbers, 64.1200(e) | Personal numbers only |
| Dedicated office landline | The home-line rule, 64.1200(a)(3), is written for residential lines | Written for residential subscribers; may not apply | Not covered |
A dedicated office landline may get much less protection than a cell or home number, and coverage depends on the call and the line. The National Do Not Call Registry is for personal numbers; the FTC says business numbers aren't covered: https://consumer.ftc.gov/articles/national-do-not-call-registry-faqs. The TCPA lives at 47 U.S.C. 227: https://www.law.cornell.edu/uscode/text/47/227
Notes showing a "you consented" claim, then your dated revocation, then more calls give you something concrete when you report calls at https://www.donotcall.gov/report.html or to the FCC at https://consumercomplaints.fcc.gov. None of this promises an outcome. Background reading: Know Your Rights (https://mcafax.com/notebook/series/know-your-rights) and our guide to stopping broker calls (https://mcafax.com/notebook/stop-mca-broker-calls).
Your checklist
- Tonight: add "Consent claim" to your call log.
- Next "you opted in" call: four questions first.
- Then the revoke sentence, exactly as written.
- Same day: send it in writing.
- Starting from zero? The free CSV log is at https://mcafax.com/notebook/toolkit/call-log-template
Rules checked against eCFR (47 CFR 64.1200, current through Oct 8, 2026) on Oct 12, 2026.
Coming in Part 11: the hours they're allowed to call, and the state rules that go further than federal ones.