The Post-FCC Lead Generation: How to Acquire TCPA-Compliant Leads

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Resource Center

Check out the following resources released by the Federal Communications Commission (FCC):

• FCC fact sheet
• FCC announcement outlining new rules
• FCC report and order and further notice of proposed rulemaking

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On December 13, 2023, the Federal Communications Commission adopted an update to the Telephone Consumer Protection Act, closing the so-called lead generation loophole that previously allowed businesses to bombard consumers with unwanted robocalls and texts.

With the enforcement scheduled for January 27, 2025, everyone in the lead generation chain – affiliates, advertisers, and affiliate networks – should adapt ASAP. So, if you still haven’t updated your lead generation strategies, you’ve landed on the right page.

The FCC Update Explained

In 1934, the federal government adopted an amendment to the Communications Act of 1934 – known as the Telephone Consumer Protection Act (TCPA) since 1991 – in order to protect consumers from telemarketing calls, which plagued the world at the time.

Since then, the consent rules and requirements have been changed several times to reflect emerging technologies, with the latest update coming on January 27, 2025.

Here are the key updates to the TCPA, enforced by the FCC, scheduled for January 27, 2025:

“We close the lead generator loophole by prohibiting lead generators, texters, and callers from using a single consumer consent to inundate consumers with unwanted texts and calls when consumers visit comparison shopping websites.”

Here’s what it means: It’s crucial to obtain one-to-one express written consent from every consumer individually before you can call or text them. Shared consent – when dozens and hundreds of businesses hidden behind the link receive consent without being cherry-picked – becomes illegal.

“We require terminating mobile wireless providers to block text messages from a particular number following notification from the Commission unless their investigation determines that the identified text messages are not illegal.”

Here’s what it means: Mobile service providers have to block marketing messages if requested by the FCC

“We codify that the National DNC Registry’s protections apply to text messages.”

Here’s what it means: Sending text messages to businesses on the DNC list becomes illegal.

“We also require that the consent must be in response to a clear and conspicuous disclosure to the consumer and that the content of the ensuing robotexts and robocalls must be logically and topically associated with the website where the consumer gave consent.”

Here’s what it means: Consumers must receive communication they’ve consented to. For example, if they agreed to receive communications about home insurance, offering auto insurance might be illegal, depending on how one interprets the “logical and topical association.”

What Does the FCC Update Mean for Lead Generation?

The TCPA one-to-one  express written consent update benefits consumers in the first place. Come January 27, 2025, they will no longer receive unsolicited marketing calls and text messages from businesses they didn’t know they granted consent to. At the same time, businesses relying on ATDS have to learn to obtain individual express written consent from consumers before contacting them.

Complex Lead Generation	Stricter consent requirements and compliance obligations like honoring the DNC Registry for text messages will make lead generation more complex.
Fewer Leads	With consumers being able to authorize individual companies to contact them, it will be almost impossible to generate the same number of leads as before the TCPA update.
Increased Lead Price	With stronger competition for high-intent leads, the price per lead will grow. Smaller businesses may struggle to keep the required lead volume.
Fewer ATDS Calls and Texts	Marketing calls now require one-to-one express written consent from users. Chances are ATDS calls and texts will plummet in numbers and efficiency.
Increased Consumer Trust	It’s only natural that consumers put more trust in the brands they’ve chosen, so the response rate for solicited calls and texts will increase.
Rising Entry Barriers	Young businesses relying on paid leads may have a harder time establishing themselves because of a tougher competition. All other things being equal, consumers will provide express written consent to well-known brands.
Ambiguity	Without a clear definition of “logical and topical association,” you have to define it yourself, establishing the boundaries that you think will reflect the new FCC consent regulations.

5 Best Post-FCC Lead Generation Strategies

#1. Implementing One-to-One Consent Forms

Whether web leads or phone calls, lead acquisition now requires obtaining one-to-one express written consent for every advertiser on a form. In practice, this boils down to using a custom or generic consent language while including checkboxes for the offered brands.

For lead generators, it becomes increasingly more important to include matching advertisers on a form (up until the FCC update, they could include hundreds of brands without worrying too much about their relevance to the consumer’s search intent).

#2. Implementing Dynamic Consent Forms

Dynamic one-to-one consent forms – ones allowing consumers to choose specific marketing models they authorize – are arguably the best lead generation strategy, at least when the quality of leads is concerned. Consumers who have willingly opted in are much likelier to convert, so using dynamic consent forms is a surefire strategy to generate high-intent leads.

#3. Improving Conversion Rates for BOFU Leads

It becomes paramount to convert as many leads as possible while maximizing their lifetime value through retention and advocacy. Therefore, whether you contact leads over the phone, by email, or SMS, make sure to think through your timing and context.

#4. Doubling Down on Organic Lead Generation

With lead growing expensive, it makes sense to double down on organic lead acquisition. While you may not be able to purchase the same number of leads, you can still create compelling, SEO-optimized content for your website, blog, and social media.

#5. Using FCC-Compliant Lead Generation Software

The more leads you generate, the more important it is to use FCC-compliant lead generation software that speeds up your campaigns and integrates with your CRM or lead management system.

Here’s how FCC and TCPA-compliant software can help you generate more leads:

Automated Consent Collection	FCC-compliant software can collect one-to-one express written consent automatically while guiding consumers through clear and conspicuous disclosures.
Consent Record-Keeping	FCC-compliant software can transfer and store detailed consent records – including consent timestamps – simplifying compliance audits.
DNC and Opt-Out Management	FCC-compliant software can check leads against the Do-Not-Call Registry and track opt-out requests, ensuring you don’t contact restricted numbers.
Consent Verification	FCC-compliant software can verify consent in real-time before the lead enters your system, preventing unnecessary time waste.
Comprehensive Marketing Coverage	Integrated with a ping tree and performance marketing solutions, FCC-compliant software can cover all your marketing campaigns.

One great example of FCC-compliant lead generation software is Phonexa’s Consent Branches.

Phonexa’s Consent Branches – Your Key to FCC-Compliant Lead Generation

Whether web leads or phone calls, you can comply with the FCC one-to-one consent update by implementing Phonexa’s Consent Branches, a proprietary technology that allows you to buy or sell fully compliant leads while ensuring their relevance to the advertiser.

As a client with Phonexa, you can enable Consent Branches with your own forms using our API, or you can use our Form Builder to ensure that the consumer is provided with matching options.

Here’s how Consent Branches work within Phonexa’s ping tree:

Step 1 – Lead Generators Send Basic Lead Information to Phonexa

To ensure proper lead distribution, lead generators send partial lead info to Phonexa, such as ZIP code, gender, traffic channel, etc.

In the Phonexa system, this info is called a non-personally identifiable information ping, or a non-PII ping. The idea behind non-PII pinging is that advertisers get enough information to decide whether to buy the lead, but no personal data is shared.

Step 2 – Phonexa Uses Non-PII Pings to Find Matching Advertisers

Non-PII pings are made to matching advertisers, after which they bid on the offered lead. At the same time, Phonexa puts these advertisers on a lead generation form so the lead in question can grant them consent.

Important: Before the TCPA update, lead generators could obtain one generic consent for any number of businesses they represent, which sometimes led to irrelevant calls and messages. Come 27 January 2025, lead generators will have to allow leads to choose which advertisers they want to receive marketing messages from.

Choosing the Right Consent Language for Your Lead Generation Form

Phonexa offers two types of consent language for lead gen forms: generic and custom consent language. Both are fully FCC-compliant and can be used depending on whether you represent homogeneous or heterogeneous advertisers on your form.

Generic Consent Language

Generic consent language allows you to unite any number of businesses under the same disclosure as long as this disclosure accurately covers all these businesses. For example, if you’re representing providers that all use the same marketing methods, you can cover them with generic consent language.

Here’s how generic consent language looks on a lead generation form:

Generic consent language is easier to implement, and customers can select all providers with a single click.

 

Custom Consent Language

Custom consent language is required for brands that want to obtain express written consent for different marketing methods. For example, if Company A wants to obtain consent solely for phone calls, whereas Company B also wants to send marketing SMS and emails, they require custom consent language.

Here’s how custom consent language looks on a lead generation form:

Custom consent language is a bit more time-consuming, but it guarantees the consumer’s high intent. All things being equal, leads generated with custom consent language forms should be more expensive than ones generated with generic consent language forms.

 

Step 3 – The Winning Advertisers Receive the Lead’s Contact Details

Finally, once the lead has given the express written consent to one or several advertisers, Phonexa sends this lead’s contact info – for example, an email or a phone number – and the record of the consent to the chosen advertisers so they can call, text, or email them.

 

Phonexa – Your All-in-One Performance Marketing Software Suite

With eight proprietary performance marketing solutions united in a single software suite, Phonexa covers marketing from top to bottom. Whether lead generation, distribution, conversion, or analytics, you get it all in one place without juggling systems and reports.

 

Here are the eight proprietary solutions you get at a single price (online price calculator):

 

Get your all-in-one performance marketing software suite now, or book a demo to learn more about Phonexa.

Frequently Asked Questions

What is FCC?

The Federal Communications Commission (FCC) is a U.S. government agency that regulates all types of communications – radio, TV, cable, wire, and satellite – and ensures these communications are fair and serve the public interest. The FCC enforces the TCPA.

What is TCPA?

The Telephone Consumer Protection Act is a U.S. federal law that protects consumers from unwanted telecommunication calls and messages. After the 2025 FCC update, the TCPA also applies to text messages, requiring one-to-one express written consent for marketing calls or messages.

How can I update my lead generation to comply with the FCC’s one-to-one consent requirement?

The easiest way to comply with the one-to-one consent requirement is to implement custom or generic consent language on your lead generation forms. With Phonexa, this process can be automated after you’ve enabled Consent Branches with your own forms using our API. Alternatively, you can use our Form Builder to provide consumers with matching options.

What is ping post lead software?

Ping post software matches consumers with relevant advertisers so everyone is better off: consumers get the sought-after product or service, while advertisers get high-intent leads that are likely to convert.

Terms-wise, “ping” refers to disclosing partial information to the advertiser so they can decide whether to buy the lead; “post” refers to providing the full information to the winning advertiser so they can contact the lead.

What is a dynamic consent form?

A dynamic consent form allows consumers to choose specific types of communication for which they give express written consent while declining others. For example, a consumer can authorize marketing emails while declining calls and SMS.