01
Why TCPA matters to firms that buy cases
The Telephone Consumer Protection Act (TCPA) regulates marketing calls and texts. Firms that buy leads or live transfers are often the ones named in a lawsuit when consent turns out to be defective, even if a vendor collected it. Understanding the basics protects your firm.
This article is general information, not legal advice. Have your own counsel review your consent language and vendor agreements.
02
What good consent looks like
For marketing calls and texts made with an autodialer or prerecorded voice to a mobile number, the TCPA generally requires prior express written consent. In practice, strong consent is clear, conspicuous and specific.
- The claimant takes an affirmative action (such as ticking an unchecked box or clicking a clearly labeled button).
- The disclosure names the seller or firm that will call, rather than a vague list of 'partners'.
- It states that consent is not a condition of any purchase or service.
- It is time-stamped and stored with the claimant's phone number and IP address or recording.
03
Recordings and certificates
For live transfers, the call recording is itself strong evidence of what the claimant agreed to. For web leads, third-party consent certificates capture a replay of the form session. Ask your vendor to provide one or the other for every claimant, and keep them for the life of the case and beyond.
04
Do-Not-Call and calling hours
Numbers should be scrubbed against the National Do Not Call Registry and your internal DNC list before any outbound marketing call. Several states have their own registries and stricter calling-hour windows or limits on call frequency, so outbound cadences should use the claimant's local time zone and state rules.
05
A short checklist for your vendor agreements
Before launching any campaign, confirm:
- The exact consent language, with your firm named.
- Who stores consent evidence, for how long, and how quickly you can get it.
- DNC scrubbing responsibilities and frequency.
- Indemnification if consent proves defective.