“Under the Telephone Consumer Protection Act (TCPA), businesses using regulated technology (such as auto-dialers or prerecorded messages) must have expressed consent before contacting consumers. But what qualifies as consent?
It’s not as simple as a checkbox on a website. The FCC pushed for 1:1 consent, meaning if a consumer requests information, only the specific entity named in the consent agreement can contact them. No blanket approvals. No shared permissions. If a lead form doesn’t explicitly list your firm, you might not have valid consent to call.
The good news is that after months of gearing up for the new 1:1 rule to come into effect, it was recently scrapped… But it still serves as a reminder that rules around TCPA compliance are constantly evolving — and ignorance isn’t a defense.
Best practice? Always verify how leads are sourced before making contact. Ensure the landing page discloses your firm’s name as an authorized caller. This isn’t just about compliance; it’s about protecting your business from lawsuits and ensuring ethical outreach.
Don’t gamble with TCPA violations. Know the rules. Follow best practices. Protect your firm.”
– Hugo E. Gomez, Founder (Abogados NOW)