Starting January 27, 2025, new FCC regulations under the Telephone Consumer Protection Act (TCPA) will take full effect.
This post isn’t legal advice, but it will help you stay informed and make sure your lead generation process is compliant.
1. Make Consent Clear and Specific
If you’re contacting potential customers by phone or text based on form submissions, you need to obtain clear, specific consent from them. Vague, blanket agreements are no longer acceptable under the updated TCPA rules.
Be specific: Leads must give explicit permission for your business to contact them, not just a broad group of “partners” or affiliates. The form should make it obvious who’s reaching out and why.
Avoid confusion: Leads might opt out if they’re unsure who’s contacting them, so clear communication is essential.
Suggested Opt-In Language:
Example for Website Forms: – “By submitting this form, I agree to receive phone calls and text messages from [Your Business] related to my inquiry.
Calls and messages may be handled by our AI lead response assistant, Beverly.
Standard messaging and data rates may apply.” – Checkbox: “I agree to be contacted by [Your Business] via phone and SMS, including by Beverly.”
Make sure the checkbox is unchecked by default so the user actively opts in.
2. Leverage an AI Voice Assistant for Lead Follow-Up
If you’re using an AI voice assistant like Beverly, Leverly’s AI lead response assistant, to call or text leads, make it clear in your consent language that this could be part of the communication process.
AI can help by quickly responding to inquiries, setting appointments, and handling routine follow-ups—but transparency with your customers is key.
3. Keep Records of Consent
Staying compliant also means keeping records of every instance of consent. If someone submits a form on your website, you’ll need to document:
Date and Time: When the consent was given.
How the Consent Was Given: Was it through a form, a phone call, or an SMS message?
What the Consent Covered: Save the exact wording the user agreed to.
Keeping these records helps you stay protected in case of any legal scrutiny.
4. Make It Easy to Opt-Out
People can change their minds, and when they do, you need to make it easy for them to opt out of future communications.
Whether it’s via phone, text, or email, handle opt-out requests quickly—within 10 business days.
5. Choose the Right Tool for Compliance
There are several tools out there that can help you capture and store proof of consent. TrustedForm is one example that’s easy to integrate into your website, but you can use any tool that ensures your records are thorough and secure.
The key is making sure you have a reliable system in place for capturing consent and storing it for up to five years (as required by the Federal Trade Commission).
Learn more about TrustedForm from ActiveProspect.
TCPA 2025: Ensuring Your Paid Leads Are Compliant (and Don’t Cost You a Fortune)
If you’re buying leads from third-party sources, you’re still responsible for making sure those leads were generated in compliance with the updated TCPA regulations. Here’s how to ensure your lead providers are following the rules.
1. Confirm Compliance with Your Lead Providers
Talk to your lead providers about how they’re obtaining consent for the leads they’re sending you. Be direct:
How do they ensure the consent is specific to your business?
What’s their process for documenting consent and handling opt-out requests?
If you’re relying on someone else to generate leads for you, make sure you’re asking the right questions. Your business is still on the hook for TCPA compliance, even if someone else is generating the leads.
2. Include Compliance in Your Contracts
Make sure your agreements with lead providers include clear language that requires them to:
Obtain specific consent for your business, not just a generic group of companies.
Keep detailed records of how and when consent was obtained.
Take responsibility for any TCPA violations tied to the leads they provide.
This helps protect your business and ensures your lead provider is taking compliance seriously.
3. Audit Your Providers’ Processes
You should also periodically review how your lead providers are collecting leads. Here’s what to look for:
Review Consent Language: Make sure it’s clear, specific to your business, and easy for consumers to understand.
Audit Forms: Ask to review the forms used to collect leads. Ensure consent boxes are unchecked by default and the language is transparent.
Data Security: Confirm your provider has secure processes in place to store and protect consumer information.
4. Recommend a Consent Management Tool
Consider recommending a consent management tool like TrustedForm to your lead providers. This can streamline their compliance efforts and provide you with added peace of mind.
When you receive leads, check that there’s a certificate or clear documentation that consent was obtained in line with TCPA regulations. Again, feel free to use any tool that fits your workflow.
5. Stay Informed and Flexible
Laws and regulations are always evolving, so it’s important to keep an eye on any new FCC rulings that may affect your business.
Periodically review your own practices, as well as those of your lead providers, to make sure you’re staying on the right side of the law.
Final Thoughts
Remember, this blog is not legal advice—it’s meant to help you stay informed about changes in the FCC’s TCPA regulations and how they might impact your business.
Always consult a legal expert for advice tailored to your situation. By being proactive, updating your consent processes, and using the right tools, you can ensure that your lead generation remains compliant and your business stays protected.
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