TCPA Consent, Done Right
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Consent is the foundation everything else in lead-gen calling rests on. Get it right and most of the TCPA risk falls away; get it wrong and a single campaign can generate class-action exposure. This cluster covers what prior express written consent (PEWC) actually requires, how consent works when a lead is shared with multiple buyers, and the disclosure practices that hold up when someone goes looking for a reason a call was unlawful.
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Frequently Asked Questions
What is "prior express written consent" under the TCPA?
For regulated marketing calls and texts, the TCPA generally requires prior express written consent — a clear, written agreement, signed by the consumer, that authorizes the specific kind of contact. The standard is about a real, documented agreement to be contacted, with clear disclosures, rather than a buried checkbox. The exact elements are well established, which is why sloppy consent capture is such a common point of failure.
Can one consent cover multiple companies that buy my lead?
This is the heart of the lead-gen consent question, and it has been a moving target. The safest practice is to disclose clearly, before the consumer hands over a phone number, who may contact them — and to make the list and the relationship transparent rather than hidden behind a vague "marketing partners" link. The more specific and conspicuous the disclosure, the more defensible the consent.
Where do most consent programs go wrong?
The common failures are disclosures the consumer never realistically saw, consent records that can’t be reproduced later, and a gap between what the form said and how the leads were actually used. When the paper trail doesn’t match the calling behavior, the consent stops protecting you. Capturing and storing strong proof at the moment of opt-in is what closes that gap.
The Operator’s Compliance Brief
What changed in lead-gen compliance, and what to do about it. Free, no spam.
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Key Terms to Know
Established Business Relationship (EBR)
A relationship based on a consumer’s prior purchase or inquiry that can, in defined circumstances, support certain calls. An EBR is narrower than many operators assume and does not substitute for prior express written consent where the TCPA requires it.
Prescreen Opt-Out
A consumer’s right to opt out of prescreened firm-offer solicitations under Regulation V (12 CFR § 1022.54) and the FTC rule (16 CFR Part 642), via 1-888-5-OPT-OUT / optoutprescreen.com. HPPA did not change this right.
Prior Express Written Consent (PEWC)
The TCPA standard for autodialed or prerecorded marketing calls and texts to a mobile number: a signed written agreement, with clear disclosures, that authorizes the specific caller to contact that number. It is the spine of clean telemarketing.
Other Topics
The Operator’s Compliance Brief
What changed in lead-gen compliance, and what to do about it. Free, no spam.