{"id":3549,"date":"2025-01-30T03:00:00","date_gmt":"2025-01-30T09:00:00","guid":{"rendered":"http:\/\/activeprospect.com\/?p=3549"},"modified":"2026-01-08T13:41:12","modified_gmt":"2026-01-08T19:41:12","slug":"what-is-consent-based-marketing","status":"publish","type":"post","link":"https:\/\/activeprospect.com\/blog\/what-is-consent-based-marketing\/","title":{"rendered":"What is consent-based marketing?"},"content":{"rendered":"\n
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Written by <\/em>Steve Rafferty<\/em><\/a>, originally published December 3, 2020; updated January 30, 2025<\/em>.<\/p>\n\n\n\n

Consent-based marketing is the practice of <\/span>only <\/strong><\/b>contacting consumers that have given their prior express written consent to be contacted<\/strong>. The objective is to ensure that only “active prospects,” or those who have actively expressed interest in hearing from you, make it into your funnel.<\/span><\/p>\n\n\n\n

With this form of marketing, you have the added benefit of verifying that the prospect meets your criteria before you contact them. With many marketing partners, you only pay for the prospects that meet your criteria – a huge advantage over other marketing channels. <\/span><\/p>\n\n\n\n

Consent-based marketing vs. permission-based marketing<\/h2>\n\n\n\n

Although they might seem similar, there are a few substantial differences between these two marketing practices.<\/p>\n\n\n\n

What is permission-based marketing?<\/h3>\n\n\n\n

The concept of “permission marketing,” also referred to as \u201cpermission-based marketing,\u201d was introduced by marketing expert Seth Godin<\/a> in 1999. It centers on the principle of obtaining consumer consent before sending promotional messages<\/strong>. However, the issue often lies in the clarity and explicitness of this permission<\/strong>.<\/p>\n\n\n\n

How is consent-based marketing different from permission-based marketing?<\/h3>\n\n\n\n

While they are similar, consent-based marketing is a higher standard<\/strong>. True consent-based marketing hinges on a legal definition of consent that must be clearly expressed and comprehensible to the consumer. The challenge with permission marketing is that everyone has a different definition of \u201cpermission.\u201d

Often \u201cpermission\u201d is buried in a privacy policy that the prospect did not read when signing up or requesting more information about a product or service. This could be sufficient for meeting the legal definition of \u201cprior express invitation or permission,\u201d but this is a lower standard of consent and may not be sufficient for your planned telephone or text message outreach campaigns. In contrast, consent-based marketing is based on a more strict legal definition of consent, per regulations like the Telephone Consumer Protection Act (TCPA)<\/a>.

Consent must be clear and conspicuous to the consumer. Brands that truly respect the relationship with their consumers show that respect by only reaching out with consent. A simple test is to ask: \u201cIs the consumer expecting this outreach?\u201d<\/span><\/p>\n\n\n\n

Consent-based marketing key components<\/h2>\n\n\n\n

Prior express written consent<\/h3>\n\n\n\n

As defined by the TCPA, \u201cprior express written consent\u201d<\/a> is \u201cA signed, written agreement between the consumer and seller, which states that the consumer agrees to be contacted by this seller and includes the telephone number to which the calls may be placed.\u201d<\/p>\n\n\n\n

This form of consent requires a clear, written, and signed agreement from the consumer<\/strong>, along with a prominent language indicating that the consumer can withdraw their consent at any time. Businesses can gather consumer consent through different methods, including online forms, paper documents, and in some instances using text message responses.<\/p>\n\n\n\n

Learn more about prior express written consent here<\/a>.<\/p>\n\n\n\n

Consent documentation<\/h3>\n\n\n\n

Both lead buyers and sellers must obtain and store records of consent documentation<\/strong>. Additionally, the Telemarketing Sales Rule<\/a> (TSR) enforced by the Federal Trade Commission (FTC)<\/a> mandates that businesses engaged in communication outreach preserve these records for five years<\/strong> following the date of consent and outreach.<\/p>\n\n\n\n

Such documentation is crucial for defending against regulatory investigations or legal challenges, serving as evidence of the consent transaction.<\/p>\n\n\n\n

Consent revocation<\/h3>\n\n\n\n

It is essential to make it unmistakably clear that the consumer retains the right to revoke their consent<\/strong> at any time and through any reasonable means.<\/p>\n\n\n\n

Learn more about revocation of consent here<\/a>.<\/p>\n\n\n\n

Consent-based marketing best practices<\/h2>\n\n\n\n

Capture consent of interested consumers<\/h3>\n\n\n\n

Consent-based marketing begins with an interested consumer. When that consumer provides their contact information, typically responding to some sort of offer from the marketer, they are asking to start the conversation. That is the start of the relationship. <\/p>\n\n\n\n

Document consent for record-keeping<\/h3>\n\n\n\n

There are a variety of regulations that govern contacting consumers with marketing messages, in particular the TCPA. If you have documented prior express written consent<\/a>, you can contact consumers on their cell phones, via SMS, or using automated dialing technologies. Documented consent allows you to demonstrate compliance and protect yourself from liability. <\/p>\n\n\n\n

Identify the best prospects and pay accordingly<\/h3>\n\n\n\n

Once you have received the opt-in lead with documented consent, you could use the information submitted by the consumer to help you identify the prospects most likely to become your customers. Typically, this involves first checking if you have an existing relationship with this consumer (is this a duplicate of an existing record?). Using real-time data services to enhance your lead data, you can identify more qualifying information about the consumer.<\/p>\n\n\n\n

Filter & reject unwanted leads <\/h3>\n\n\n\n

Inevitably you will receive leads that, for a variety of reasons, will never become customers. They might be fraudulent<\/a>, uncontactable, duplicates, or simply not qualify for your product or service. You should also use data services to help determine if the individual is on the national Do Not Call (DNC) list<\/a>, individual state DNC registries, or the Reassigned Number Database (RND)<\/a> service for recent phone number changes. <\/p>\n\n\n\n

It\u2019s important to have a system in place that will filter out, in real time, any leads that don\u2019t meet any of your qualifying criteria. Many cost-per-lead marketing partners won\u2019t charge marketers for leads that are rejected in real time. <\/p>\n\n\n\n

Contact the consumer promptly<\/h3>\n\n\n\n

After requesting contact, consumers expect to hear from you promptly. It is important that the lead data is delivered into your CRM, database, or call center in real time. For example, every form submission should be followed up by a real-time confirmation email. This is standard practice. In fact, there have been a number of studies on lead follow-up that show the quicker the follow-up, the higher the conversion rates.<\/p>\n\n\n\n

Our mission: Making consent-based marketing the best channel for customer acquisition<\/h2>\n\n\n\n

Despite laws like the TCPA, the Telephone Sales Rule (TSR)<\/a>, and the CAN-SPAM Act<\/a>, aimed at curbing unsolicited consumer outreach, non-compliant or illegal high volume outreach continues to be a strategy used by some risk-taking marketers, as it apparently yields some successful sales. But is it worth the growing legal risk?<\/p>\n\n\n\n

At ActiveProspect, we are committed to offering a more respectful alternative by promoting <\/strong>consent-based marketing<\/strong><\/a> <\/strong>as the premier channel for customer acquisition. We believe that by enhancing the success of this channel, we can significantly decrease the volume of unsolicited outreach consumers face.<\/p>\n\n\n\n

Consent-based marketing solutions<\/h2>\n\n\n\n

Consent-based marketing solutions are tools and strategies that enable businesses to obtain and manage consumer consent for marketing communications. These solutions help ensure that businesses comply with legal regulations, build trust with customers, and improve the effectiveness of their marketing campaigns. <\/p>\n\n\n\n

Benefits of consent-based marketing solutions<\/h3>\n\n\n\n

Here\u2019s why businesses should rely on consent-based marketing solutions for their marketing campaigns:<\/p>\n\n\n\n