Lead consent and TCPA: a practical guide for agencies

This guide is for agencies and producers who call, text or email the leads their calculators collect. It explains what the product records and which rules to check. It is general information, not legal advice. Telemarketing law changes often and varies by state, so review your process with qualified counsel.

What does InsuranceQuoteWidget record with each lead?

When a visitor submits a calculator's lead form, the submission stores:

• whether the visitor ticked the consent box, together with the submission;
• the date and time of the submission;
• the URL of the page the form was on;
• the calculator's inputs and results, and campaign attribution.

The same details travel in the webhook payload to your CRM or HighLevel, so the record of consent stays with the lead. Keep those records; if a consumer disputes consent, the burden is usually on the caller to prove it.

You write the consent language. We provide the checkbox and the record; the words the consumer agrees to are yours, and they should match how you will actually contact people.

When do you need prior express written consent?

Under the Telephone Consumer Protection Act (47 U.S.C. 227) and the FCC's rules, telemarketing calls and texts to a mobile number made with an autodialer, or calls that use an artificial or prerecorded voice, generally require the consumer's prior express written consent. That means a written (electronic is fine) agreement that clearly authorizes the named seller to deliver marketing calls or texts to a specific number, and that tells the consumer consent is not a condition of purchase.

Manually dialed calls carry fewer federal consent requirements but still fall under Do Not Call and calling-hour rules, and state laws may be stricter.

What happened to the FCC's one-to-one consent rule?

The FCC adopted a rule requiring consent to name a single seller, but on January 24, 2025 the US Court of Appeals for the Eleventh Circuit vacated it (Insurance Marketing Coalition v. FCC). The vacatur removed that specific requirement; it did not loosen the underlying need for consent that is clear, specific and given to the seller who calls. For an agency collecting leads on its own website through its own calculator, naming your agency in the consent is the straightforward approach.

How does revocation of consent work now?

FCC revocation rules that took effect on April 11, 2025 say:

• a consumer can revoke consent by any reasonable means, including replying "stop", "quit", "cancel" or similar to a text, or saying so on a call;
• you must honor a revocation within 10 business days;
• a one-time text confirming the opt-out is allowed if it contains no marketing.

A further provision, which would apply a revocation to all of a caller's robocalls and robotexts rather than only the type the consumer objected to, has been delayed by the FCC until January 31, 2027. Plan for it now.

What other rules apply?

• National Do Not Call Registry. Telemarketing calls to registered numbers generally require an established business relationship or the consumer's written permission. Scrub your lists and keep an internal do-not-call list.
• Calling hours. Federal rules bar telemarketing calls before 8 a.m. or after 9 p.m. in the called person's local time (47 CFR 64.1200(c)(1)); several states set narrower windows.
• State mini-TCPA laws. Florida, Oklahoma, Maryland and other states have their own telemarketing laws, some with stricter definitions of autodialers, consent and call frequency limits.
• Medicare marketing contact rules. CMS restricts unsolicited contact for Medicare Advantage and Part D, requires scope-of-appointment documentation before certain discussions, and requires the third-party marketing disclaimer where it applies. A calculator lead is not by itself permission to discuss specific plans.

Is there a sample consent clause?

Here is a starting point to review with counsel, not approved language:

By checking this box and submitting this form, I agree that [Agency name] may contact me about insurance products at the phone number and email I provided, including by calls and text messages that may use automated technology or prerecorded messages. Consent is not a condition of purchase. Message and data rates may apply. I can opt out at any time by replying STOP or telling the caller.

Adjust it for the channels you use, the products you discuss, state requirements, and any carrier or CMS rules that apply.

Where can I read more?

See the compliance overview, the insurance disclosures, and the FCC's consumer guidance on unwanted calls and texts. Questions: [email protected].