Olena Holubnyk Content Marketer 7 minute read Table of Contents TCPA: What Does It Mean?Key TCPA Requirements for Lead GeneratorsThe Key TCPA Changes Coming in 2025AI Calls, Do-Not-Call Registry, and Text MessagesNoteworthy Case Studies of TCPA Violations and Their EffectsTCPA Compliance Trends To Watch ForHow To Generate TCPA-Compliant Leads in 2025How To Keep Your Leads TCPA-CompliantHow Lead Generators Can Safeguard Against ComplaintsEnsure 2025 TCPA Compliance with PhonexaFrequently Asked QuestionsWhat is the Telephone Consumer Protection Act (TCPA)?How can I ensure my leads are TCPA-compliant?What should I look for in compliant lead generation agencies?What are the consequences of violating TCPA regulations? Olena Holubnyk Content Marketer 7 minute read Disclaimer: The articles and contents of this website are provided for informational purposes only and should not be construed as legal advice. The information contained herein does not create an attorney-client relationship and should not be used as a substitute for professional legal consultation. Always seek the advice of a qualified attorney for any legal issues or concerns you may have. Keeping lead generation practices compliant will be more important than ever in 2025 due to the new FCC rules. The update to the Telephone Consumer Protection Act (TCPA) will profoundly affect telemarketing, SMS campaigns, and robocalls, forcing businesses to adhere to consumer-friendly standards. In this article, I’ll discuss: How to ensure your leads are TCPA-compliant How lead agencies can safeguard against complaints Lead generation agency tips for spotting compliant ones TCPA: What Does It Mean? As a response to unwanted telemarketing, the TCPA was enacted in 1991. A prerecorded voice message, SMS text message, or fax sent to consumers without their permission is prohibited under this law, which is enforced by the Federal Communications Commission (FCC). Key TCPA Requirements for Lead Generators Contact hours Businesses can only reach consumers between 8 AM and 9 PM. Do Not Call lists Compliance with national and state Do Not Call lists is mandatory. Internal no-contact list Businesses must maintain their list of individuals who do not wish to be contacted. Clear identification All communications must include clear identification and contact information. Remember: TCPA violations can be expensive, as each unauthorized contact may incur penalties of between $500 and $1,500. Even big players like Keller Williams faced fines as high as $40 million, while Final Expense Direct (FED) had to pay hundreds of thousands in penalties. FED even ended up in a $100,000 lawsuit because their trusted lead agency failed to follow TCPA rules. As 2025 approaches, it’s crucial to stay on top of the new TCPA rules for your lead generation efforts. Not only will this protect your business from legal issues, but it will also help build trust with your customers. Phonexa’s marketing automation suite includes eight integrated products to enhance your marketing efforts and ensure compliance. The Key TCPA Changes Coming in 2025 Elimination of third-party consent forms Companies will not utilize third-party consent forms anymore. The new TCPA regulations state that each company must seek individual consent from the consumer. Individual consent A company clearly distinguishes its forms of communication (e.g. informs a consumer of the nature and detail of a phone call as separate from say, a text message and/or email), thus promoting honesty in advertising practices. Disclosure instructions Companies need to make the consent form and the disclosure straightforward, short, and simple to understand. Communication relative to contents All communications must be related to the particular consumer’s interests and their prior behavior, thus eliminating the chance of sending any unsolicited messages. Phonexa’s LMS Sync can address these issues effortlessly, keeping you on the legal side while enhancing your lead generation and conversion activities. AI Calls, Do-Not-Call Registry, and Text Messages Since February 2024, AI-driven calls have been classified in the same category as old-fashioned robocalls, requiring one-to-one consent before the call. The same goes for text messages: in December 2023, the TCPA expanded Do-Not-Call protections to text messages. Starting March 26, 2024, marketers must get explicit consent before texting consumers on the Do-Not-Call registry. A single opt-out text from a consumer will stop all future marketing messages. Here’s how you can deal with these changes: Source: CompliancePoint Noteworthy Case Studies of TCPA Violations and Their Effects Keller Williams Realty In 2023, Keller Williams faced a risk of $40 million in fines for complaints regarding the use of robocalls without adequate compliance checks. The high penalty clearly demonstrates the base fund for non-adherence to laws. Final Expense Direct (FED) FED was dealt a fine of $100,000 for infringement after its lead generation firm called individuals on the Do Not Call registry without verifying their consent. This clearly shows the need to engage trustworthy players. American Eagle Outfitters American Eagle took the burden of a $14 million class action suit for the unlawful customer’s content marketing messaging, a lesson on the dangers posed by disregarding the TCPA. Cohesive Technologies Cohesive Technologies was assessed a fine of $3.6 million for carrying out auto-dialing without the explicit authorization of the consumers. Jiffy Lube Jiffy Lube was ordered to spend $4 million for unsolicited marketing text messages sent which made it inappropriate to send marketing text messages without proper consent. TCPA Compliance Trends To Watch For Increased enforcement actions: As regulatory scrutiny intensifies, the FCC is ramping up enforcement actions against non-compliant practices. For businesses, this means the stakes are higher than ever, making it crucial to follow TCPA rules. AI and automation for compliance: With the rise of AI-driven technologies, many companies are using automation tools to simplify TCPA compliance. Educational initiatives: Industry leaders prioritize education around TCPA compliance. Providing training resources for staff and ongoing education about evolving regulations can mitigate risks and enhance compliance efforts. Third-party risk management: As businesses often rely on third-party vendors for lead generation, it’s vital to vet your partners thoroughly. Ensuring that third-party practices align with TCPA regulations protects your brand from potential liabilities. The role of data security: Data security is becoming a top priority for TCPA compliance. Businesses must adopt strong data protection measures to secure consent and meet regulations. How To Generate TCPA-Compliant Leads in 2025 Replace Lead Compliance Solutions Utilize platforms that will help your team verify consumer consent and maintain compliance. Use Double Opt-In Emails Double opt-in might help you leave only interested clients on your email list and ensure compliance. Keep the Contact List Clean Check your contact lists against the Do Not Call (DNC) Registry to avoid reaching out to consumers who have opted out. Monitor Lead Source Transparency Kow the origin of your leads and ensure your lead acquisition practices comply with TCPA laws. Automate Opt-Out Management Managing opt-out requests automatically to streamline the process and ensure compliance. How To Keep Your Leads TCPA-Compliant Stay Abreast of New Consent Requirements Modify consent forms for each sellerProvide detailed information for consumersDocument all obtained consents for compliance Implement a Robust Consent Management System Integrate consent management platforms (CMPs) with existing systems to manage consent across all channelsRegularly conduct software audits to identify compliance gaps Train Your Team on TCPA Compliance Training Topics:Overview of TCPA regulationsImportance of explicit consentProcedures for handling consumer inquiries about consent How Lead Generators Can Safeguard Against Complaints Vetting Third-Party Sources Conduct thorough vetting of third-party vendors to ensure they have robust compliance protocols.Key Questions to Ask:How does the vendor collect consumer consent?Can they provide consent documentation for each lead? Monitor Compliance Regularly Continuous compliance monitoring can help identify FCC and TCPA compliance issues before they escalate.Monitoring Practices:Review call and text logs against consent recordsSet alerts for communications sent to opted-out consumers Maintain Clear Communication with Clients Keep clients updated on compliance efforts and regulatory changes.Communication Strategies:Schedule quarterly compliance reviewsShare insights on regulatory changes For more information, check these TCPA Compliance Resources and the FCC website. Ensure 2025 TCPA Compliance with Phonexa Phonexa is a comprehensive performance marketing software suite that ensures compliance across the board, including the coming FCC update, while helping you buy or sell leads at the best price while uncovering their journey from top to bottom. Here’s what I mean: LMS Sync Lead management system Call Logic Call tracking and analytics platform Cloud PBX Cloud phone system Lynx Click tracking software E-Delivery Email marketing tool HitMetrix User behavior analytics and CRO software Opt-Intel Email suppression list management solution Books360 Accounting software with integrated invoice options Book a demo to discover how Phonexa can assist you in buying and selling leads while maintaining compliance. Frequently Asked Questions What is the Telephone Consumer Protection Act (TCPA)? The Telephone Consumer Protection Act (TCPA) of 1991 was enacted by the Federal Legislative Authority to protect consumers’ interests with respect to unsolicited commercial phone calls. It limits the use of automatic telephone dialing system, artificial voice, and text messages to consumers who have not consented to such contact. How can I ensure my leads are TCPA-compliant? To ensure TCPA compliance, businesses should implement several practices, including: Obtain explicit written consent from consumers before contacting them Keep accurate records of consent Respect consumer preferences, including opting out of communications Regularly review and update contact lists to comply with Do Not Call registries What should I look for in compliant lead generation agencies? When searching for compliant lead generation agencies, consider the following: They should provide proof of explicit consent for all leads They should have a clear process for handling Do Not Call requests They should have documented policies and procedures to comply with TCPA regulations What are the consequences of violating TCPA regulations? TCPA violations can result in significant penalties, with fines ranging from $500 to $1,500 for each unauthorized contact. This can lead to costly litigation, damage to your business reputation, and loss of consumer trust, making compliance a critical aspect of lead generation strategies. Related posts: FCC Regulations and Consent Management in 2025 Consent Management by Business Model in the One-to-One Consent Era How Not To Violate Your Affiliate Program Terms After the TCPA Update What The FCC’s New One-to-One Consent Rule Means for Your Business Banking Behavior Analytics Conversion Rate Optimization CRO Finance Financial Services Lead Acquisition Lead Analytics Lead Distribution lead generation Lead Generation Strategies Lead Management System Lead Processing Lead Tracking LeadGen LMS Sync Performance Marketing Got Questions? Get in touch! We are available 24/7.
