TCPA consent requirements for leads, calls, and texts

The consent requirement depends on the purpose of the contact, the technology used, and the number being contacted. Covered marketing calls or texts using an automatic telephone dialing system, and covered marketing calls using an artificial or prerecorded voice, generally require prior express written consent. Other federal and state restrictions can apply even when that written consent requirement does not, so a lead record alone does not establish permission for every contact.

Where prior express written consent is required, the agreement clearly authorizes the seller to deliver covered marketing calls or texts to the specified phone number using the applicable technology. It includes the consumer's signature and a clear, conspicuous notice that consent is not a condition of purchasing goods or services. ConsentVerified checks disclosure elements and captures the form context to support your review of TCPA consent.

An electronic signature can satisfy a written consent requirement when it meets applicable electronic signature law and records the consumer's agreement. The disclosure and affirmative action need to make clear what the consumer authorizes. ConsentVerified records the disclosure, checkbox or button action, and session context, but a captured click alone does not establish valid consent.

The 11th Circuit vacated the FCC one-to-one consent rule in January 2025, and the rule never took effect. That decision does not remove existing consent requirements or establish permission to contact a consumer on behalf of any buyer. Review the actual disclosure, seller authorization, and applicable law when assessing resold leads, and see the one-to-one consent rule explanation for context.

Consumers can revoke consent through reasonable methods, subject to the rules that apply to the communication. A stored certificate does not override a later opt-out, so your contact workflow needs current suppression and revocation records. Keep those records connected to your consent evidence and honor applicable requirements before further contact.

No. The Consent Language Checker flags wording elements and suggests revisions, but it does not determine whether a particular call or text is lawful. Form visibility, the consumer's action, later revocation, and other facts matter beyond the submitted text. ConsentVerified is a compliance tool, not a law firm, and its output is not legal advice.

The disclosure needs to cover texts when the program sends texts, rather than relying on language that mentions calls alone. Applicable TCPA requirements depend on the message and technology, while carrier rules and CTIA guidance add messaging program expectations. Keep the brand, messaging purpose, frequency notice, rates notice, and opt-out instructions clear in the SMS consent experience.

No. A2P 10DLC is a carrier messaging registration framework for application-to-person traffic over US ten-digit long codes, while the TCPA is federal law. Registering a brand or campaign does not create consumer consent or guarantee message delivery. ConsentVerified stores opt-in evidence for 10DLC compliance review without guaranteeing carrier approval.

ConsentVerified keeps web and keyword opt-in records with the disclosure and the context in which the person agrees to receive messages. It also keeps STOP and HELP handling evidence so a reviewer can examine the messaging experience. These records support campaign review and evidence retrieval, while your sending workflow remains responsible for honoring opt-outs.

STOP instructions explain how a recipient opts out, and HELP instructions explain how to request assistance. They form part of carrier and CTIA messaging expectations alongside message frequency, rates notices, and accessible terms and privacy information. They do not replace a clear opt-in, and a reasonable revocation request can matter even when the consumer does not use the word STOP.

ConsentVerified uses encryption in transit and at rest to protect consent records. SHA-256 hashes help check record integrity, while team access controls restrict workspace access according to the plan. The consent data security page explains the controls without implying that a hash is encryption or a legal certification.

Starter includes 1 year of evidence retention, Growth includes 3 years, and Scale includes 5 years. Enterprise includes 7 years of retention with legal hold when records need preservation beyond normal retention. Retention choices do not determine your legal preservation duties, so review them with counsel and export needed records before workspace access ends.

Your lead data stays yours. Evidence Vault connects the records for a phone number and exports an evidence package in PDF plus JSON for review or preservation. The Privacy Policy and Terms describe service handling, and you can direct data questions to [email protected].

Starter includes 2 seats without custom roles, SSO, or an audit log, while Growth includes 10 seats and team roles. Scale includes 25 seats, SAML SSO, team roles, and an audit log. Enterprise includes unlimited seats, SAML SSO, SCIM, custom roles, and an audit log.