What Does “Clear and Unambiguous Consent” Mean?

11 April 2014

Dharma Sadasivan

​Consumers can register their phone numbers on the Do Not Call ("DNC") registry if they don't want to receive telemarketing calls, text messages or, more rarely, faxes. Notwithstanding such registration, organisations can still conduct telemarketing to DNC-registered phone numbers if they first obtain "clear and unambiguous consent".

What does "clear and unambiguous consent" mean and how do you obtain it?

In substance it means that the consent should clearly set out what the consumer is consenting to, and that the consent for those purposes is unambiguous. In practice, it means you should:

1. clearly state who is sending the marketing message (e.g. "ABC Company...")
2. clearly state that you intend to send marketing messages (e.g. "...would like to keep you updated of our latest promotions...")
3. clearly state how you intend to send those marketing messages (e.g. "...by sending you phone text messages or calling you." )
4. allow the consumer to opt in to receiving the message on each medium separately (e.g. "Please select how you would like to receive marketing messages by ticking the box: [] Voice calls [] Phone text messages [] Fax")

This way, the consumer is presented with the purposes for which their phone number will be used, they have taken active steps to consent to you sending them messages, and it is unambiguous what they have consented to and how they want to receive it.


Dharma Sadasivan
Associate Director, BR Law Corporation
dharma@brlawcorp.com