The days of vague, blanket opt-in text in your forms are over.
Soon, you’ll need to adjust your lead capture processes to remain compliant thanks to a new TCPA 1:1 consent rule coming on January 27, 2025.
Whether you’re gathering leads for yourself, buyers, or clients, this rule requires clear consent before making telemarketing calls or sending automated texts.
And it doesn’t stop there.
You also need to list your company’s name right in the consent checkbox, so they know exactly who they’re signing up to hear from. Yep, even if you’re passing a lead off to multiple buyers, every single company has to be named.
In this article, I’m breaking it all down: what this rule means, whether you should worry, how to tweak your lead capture forms, how we’re gearing up at LeadCapture.io, and even some new opportunities coming out of this shift.
Let’s dive in!
Just a quick heads-up: I’m not a lawyer, so this isn’t legal advice. If you’ve got any questions or need some guidance on TCPA compliance, it’s a good idea to check in with a legal professional.
P.S. Looking for a hand with your TCPA lead capture forms? Look no further than LeadCapture.io! Check out our demo to see how we can help you easily integrate 1:1 consent into your forms and keep track of your leads with the necessary consent.
What is the TCPA One-to-One Consent Law?
If you already know what it’s all about, go ahead and skip this part! But for those who might be new to the game, I just want to give a quick overview to set the stage.
The TCPA One-to-One Consent Law refers to specific guidelines under the TCPA that require businesses to obtain explicit consent before making calls or sending messages to consumers.
This law protects consumers from unwanted calls and texts by ensuring they have knowingly agreed to receive them.
This rule aims at closing what’s called a method of providing ‘blanket consent” or “lead generator loophole” — a method of using a single long disclaimer that included multiple business names, essentially asking for blanket consent all at once.
For example, you can no longer use consent like:
“By clicking ‘Submit,’ you agree to be contacted via phone, text, or email by [Company A], [Company B], [Company C], [Company D], [Company E], and their partners or affiliates, at the number and email you have provided. This contact may include the use of automated technology or pre-recorded messages. Your consent is not a condition of purchase.”
You might have seen this before—maybe you’ve even used disclaimers like it!
But with the new TCPA 1:1 consent rule, things are changing. Now, you have to get individual, explicit consent from each lead for each business that plans to reach out. This means your leads will need to check a box that clearly lists which company or companies will be contacting them.
And this can quickly get technical complicated because you’ll need to ensure that the company name is displayed correctly, especially if you’re sending leads to LeadDistribution tools. In some cases, this requires multiple API calls and dynamically loading data. Plus, you’ll want a reliable method to store and pass that consent seamlessly.
P.S. LeadCapture.io is on of the only lead capture tools that is making it easy to stay TCPA compliant with one 1:1 consent integrations. See it in action here.
I know, it can feel like a lot to manage, but hang tight! I’ll share some solutions in just a moment.
Just remember, don’t let the complexity scare you away from compliance. The stakes are high with the costs ranging from anywhere from $500 to $1,500 per unsolicited call or messages. In severe cases, businesses can face class-action lawsuits that result in multi-million-dollar penalties. For lead generators, agencies, and small businesses alike, these fines can quickly add up, risking severe financial damage and, potentially, the future of the business.
The bottom line: You need to ensure that your lead capture software and forms are set up to easily incorporate those checkboxes and features starting in 2025. Otherwise, you might find yourself in a mad dash trying to make changes at the last minute!
Before I dive into some examples and solutions, let’s discuss what this means for you.
What Does It Mean for Lead Generators?
So, what does this ruling mean for lead generators who sell leads to buyers?
It means that obtaining a lead’s consent has become more stringent. As a lead generator, you must explicitly disclose every buyer who might contact the consumer using the information they’ve provided. This consent must be captured in a way that leaves no room for ambiguity, and the wording must be clear about who will be contacting the lead.
For instance, if you’re selling mortgage leads, you’ll need to specify not just the fact that they may be contacted, but the specific companies who might reach out to them and the methods of communication.
The days of vague, blanket opt-in forms are over, and you’ll need to adjust your lead capture processes to remain compliant.
What Does It Mean for Agencies?
Okay… maybe you’re not calling up your leads directly with an automated system… but what if you’re client is?
Do you even know if they are?
Or… what if they decide to try some fancy new AI dialing or texting solution?
Well, for marketing agencies that handle lead generation for clients, the TCPA ruling means an extra layer of responsibility. If you’re an agency or marketing contractor collecting leads on behalf of clients (even on their own landing pages), you must ensure that the client’s TCPA consent disclosure is setup properly (examples to follow).
And for what it’s worth, here’s my 2cents…
As an agency this is a perfect opportunity build trust by educating your clients on TCPA compliance and help them navigate these rules. This could actually be a good thing for you in some ways.
What It Means for Industries Where You Share Leads
Industries like mortgage and real estate, where leads are often shared with referral partners, face the same challenges.
In these scenarios, the lead capture form must disclose all potential partners who might reach out to the lead. For example, if a real estate agent plans to share leads with specific loan officer, this must be clearly outlined in the consent form.
The key takeaway here is that consent can no longer be a blanket statement. It has to be specific, naming every entity that might use the lead’s information. Without this level of transparency, your business could be at risk of non-compliance.
What It Means for Small Businesses Doing Their Own Lead Generation
If you’re a small business calling your own leads with automated systems, SMS, or AI systems, you might wonder how this ruling affects you.
While it may seem less relevant if you’re not selling leads, it’s important to recognize that the TCPA still applies to you.
Even if you are only calling leads you personally captured through your website or landing pages, you must still be transparent about how their information will be used. Proper documentation of consent is essential to prove compliance should any issues arise.
The Golden Rule of Lead Capture— Just Get Consent
If you’re still wondering whether TCPA 1:1 Consent impacts you, let me simplify this with what I’m calling The Golden Rule of Lead Capture:
Just
Get
Consent.
Personally, I don’t care if you’re using an auto dialer, manually calling leads, or sending a carrier pigeon to deliver a handwritten note—getting consent is simply the right thing to do.
It protects you, and if you have clients, it protects them.
Additionally, it keeps the FCC satisfied.
Plus, demonstrating that a lead explicitly gave you consent can actually enhance the sales process, make your leads more valuable, and so on.
So, when in doubt, just get consent.
Criteria for Obtaining TCPA Consent
Before we dive into some consent templates and solutions, here’s what you need to know to get it right:
- Explicit Naming of Companies: The ruling mandates that all potential companies (or just your company) must be explicitly listed in the consent disclosure. Generic statements like “third parties may contact you” are no longer sufficient.
- Clear Language: The consent disclosure must use clear and straightforward language. Consumers need to understand exactly who will contact them and how their information will be used. Avoid legal jargon or complicated terms; simplicity is key to ensuring the consumer’s understanding and compliance. You must also clearly state the methods of communication. For example, if an AI system is being used for follow-up, then this must appear in the consent language.
- Opt-in Mechanisms: Your lead capture forms should include an opt-in mechanism that requires the consumer to actively consent. This might be a checkbox, a signature, or another action that indicates the consumer’s agreement. The important part is that the action must be intentional, leaving no room for accidental or implied consent. Assuming you’re using a checkbox, it should be on the same page as the phone number below the submit button. Technically, you shouldn’t pre-check the boxes.
- Documentation of Consent: Proper documentation is also required. You need to store records of every lead’s consent, including the date, time, and the specific disclosure they agreed to. This documentation will serve as proof that the consent was obtained in case you face any TCPA-related inquiries or legal challenges.
- Separation of Consent: If you’re collecting information for multiple purposes (e.g., marketing communications, referrals, etc.), the consent for each purpose must be separated. Consumers should have the option to consent to each purpose individually, rather than a single, catch-all agreement.
TCPA 1:1 Consent Templates & Examples
Head spinning yet?
I know mine was when I first learned about TCPA 1:1 consent.
At this point, you at least know that you should probably be capturing and documenting consent. The next big question is around how consent should look within your LeadCapture forms.
In the section below, I’ll provide some examples and templates to help you get started.
TCPA 1:1 Consent Template & Example for Collecting Consent For Multiple Companies
Below you’ll find two examples and templates to help you implement TCPA one-to-one consent into your LeadCapture forms. You’ll also find these templates inside of LeadCapture.io
TCPA 1:1 Consent Example for Multiple Companies
TCPA 1:1 Consent Template for Multiple Companies
By clicking “Submit” I consent to be contacted at the number above by the selected companies for marketing purposes that may use the use of {automated technology}, {SMS/MMS message}, {AI generative voice}, and {prerecorded and/or artificial voice messages}. I acknowledge my consent is not required to obtain any good or service and to be connected with sellers that can fit my needs without providing can call {888-xxx-xxxx}
TCPA 1:1 Consent Template & Example for Collecting Consent For A Single Company
TCPA 1:1 Consent Example for a single company
TCPA 1:1 consent template for a single company
By clicking “Submit” I consent to be contacted at the number above by the {YOUR COMPANY} for marketing purposes that may use the use of {automated technology}, {SMS/MMS message}, {AI generative voice}, and {prerecorded and/or artificial voice messages}. I acknowledge my consent is not required to obtain any good or service and to be connected with sellers that can fit my needs without providing can call {888-xxx-xxxx}
Keep in mind that you also need to capture and store consent, ideally for five years. If you need further assistance, LeadCapture.io can help. Get a demo here.
What we’re doing at LeadCapture.io to help you stay compliant with TCPA 1:1 Consent
At LeadCapture.io, we’re currently building features and tools to help you easily capture, record, and track consent of every lead you capture. Here are a few things that we’re working on:
Solution #1: TCPA 1:1 Consent Widget With Templates
Our Lead Capture Form Builder is rolling out a handy TCPA 1:1 Consent Widget. This little gem lets you effortlessly add consent checkboxes and pre-written disclaimer text to your lead capture forms. Plus, we’ve got ready-to-go templates for collecting consent from either a single company or multiple companies.
Solution #2: 3rd Party Integration Updates
In more complex scenarios, our lead generation customers using lead distribution tools such as LeadByte and Leadspedia require a seamless method to dynamically incorporate the company name into the compliance text or checkboxes on the lead capture form. For instance, there are instances where we need to call an API based on a lead’s entered zip code, which then allows us to dynamically populate the company name or a list of companies back into the form. We’re actively developing this technology in collaboration with our integration partners.
Solution #3: Consent Tags
In addition to simplifying the capture of 1:1 consent through your lead capture forms, we are excited to introduce a new consent tagging system. With this feature, every lead that provides consent will be labeled as ‘Verified 1:1 Consent,’ while those who do not provide consent will be designated as ‘Unverified Consent.’ These tags will be easily accessible within the LeadCapture.io platform and can also be integrated through webhooks. This way, you will be able to track consent status effortlessly, share valuable compliance information with your buyers, and enhance the overall quality of your leads.
Solution #4: TrustedForm 1:1 Consent Update
We’re also actively working on updating our TrustedForm integration to use their latest 1:1 consent features.
Solution #5: Offering 5 Year Data Retention
Acquiring consent is just part of the equation; the challenge also lies in how we retain it. To ensure compliance, we provide a 5-year data retention feature across all LeadCapture.io plans. This aligns with the TCPA’s data retention requirements. Plus, should you ever misplace a lead during your process, you can easily recover it within the LeadCapture.io platform.
Final Thoughts on TCPA 1:1 Consent and Looking at the Opportunities Ahead
There’s no doubt that TCPA 1:1 Consent is throwing a bit of a wrench into the gears for many businesses. It’s shaking up lead generation workflows, racking up extra costs, and prompting some worries about conversion rates. And let’s be honest — that could mess with ROI, inflate costs, and eat away at margins.
But there are some opportunities here, especially for agencies and lead generators.
If you’re in the lead selling game, being diligent about tagging your leads with verified 1:1 consent can make them shine a little brighter in the marketplace. Those leads could be perceived as premium compared to others, giving you a leg up on the competition. Who knows? You might even have the chance to hike up your prices or encourage repeat business from buyers eager for high-quality leads.
For agencies, there’s a chance to step up as trusted advisors. You can provide guidance, share valuable insights, and position yourself as a go-to partner for all things lead generation and data collection.
And for anyone collecting leads, consider this: capturing and securely storing consent gives you a reassuring sense of peace.
So, here’s my final thought — I’ll be right here, supporting everyone as we navigate the challenges of TCPA 1:1 consent together. As the founder of a lead capture platform, it’s my mission and commitment to make compliance as easy for everyone involved.