TCPA consent for final expense leads

What does the TCPA require before I call or text a lead?

The Telephone Consumer Protection Act (TCPA) is the federal law on telemarketing calls and texts. The FCC has said since a 2003 order that it covers text messages as well as voice calls. The consent you need depends on how you contact the person:

• Autodialed or prerecorded telemarketing to a cell phone needs the person’s prior express written consent under FCC rules. That means a signed written agreement (e-signatures count) that clearly authorizes the seller to send them ads or telemarketing.
• A hand-dialed live call is not an autodialed call, so that written-consent rule doesn’t apply to it. Calling hours, Do Not Call rules and state laws still do.

Sources: 47 CFR 64.1200 (Cornell LII); FCC, One-to-One Consent Rule FAQ. Both checked September 27, 2026.

One court split to know about: in February 2026 the Fifth Circuit held in Bradford v. Sovereign Pest Control of TX that the TCPA itself doesn’t require written consent for these calls, and that oral consent can be enough. That ruling covers only the Fifth Circuit (Texas, Louisiana, Mississippi), state laws can still require written consent, and lawyers still advise keeping documented consent (Holland & Knight, March 2, 2026, checked September 27, 2026).

What happened to the FCC one-to-one consent rule?

In December 2023 the FCC adopted a rule requiring that written consent name no more than one seller, and that the calls be “logically and topically” related to where consent was given. It was aimed at comparison sites that collected one consent for dozens of callers. It was due to take effect January 27, 2025.

It never did. On January 24, 2025, the Eleventh Circuit vacated the rule in Insurance Marketing Coalition v. FCC, holding that the FCC went beyond its authority under the TCPA. The FCC later deleted the vacated language and reinstated the prior version of its consent rules.

Sources: FCC FAQ; Kelley Drye, Eleventh Circuit vacates TCPA 1:1 consent rule; Womble Bond Dickinson, FCC repeals one-to-one consent rule (July 22, 2025). All checked September 27, 2026.

What that means for you: federal law does not currently require one-to-one consent. It doesn’t mean any consent works. The consent still has to be clear, and it matters whose name is on it, especially for numbers on the Do Not Call registry (below). Separately, the FCC’s rule that a revocation applies to all of a caller’s messages has an enforcement date of January 31, 2027 (Byte Back, July 16, 2026, checked September 27, 2026).

Which states have stricter mini-TCPA laws?

Several states have their own telemarketing laws, often called mini-TCPAs, and some are stricter than federal law. Three that matter for final expense agents:

Sources: Florida Statutes 501.059, 501.616 and 501.604; Oklahoma Telephone Solicitation Act of 2022 (Compliance Journal); Kelley Drye on Maryland’s Stop the Spam Calls Act (effective January 1, 2024). All checked September 27, 2026.

Florida details worth knowing: licensed insurance agents are exempt from most of Florida’s telemarketing act, but not from the calling hours and three-call limit in 501.616(6). Florida’s FTSA gives you 15 days to stop texting someone who replies STOP.

Texas expanded its telephone solicitation law in 2025 to cover text messages, with registration requirements and a private right of action (Byte Back, checked September 27, 2026). Other states have their own rules. Check every state you sell in.

What are the calling hours?

Federal rules bar telemarketing calls before 8 a.m. or after 9 p.m., local time at the called person’s location (47 CFR 64.1200(c)(1)). Florida, Oklahoma and Maryland end at 8 p.m. The prospect’s time zone is what counts, not yours.

The simple rule: call between 8 a.m. and 8 p.m. in the prospect’s time zone, and no more than three times in 24 hours. That keeps you inside the stricter state laws above. A lead that arrives at 9:30 p.m. gets a call the next morning.

Can I call a lead whose number is on the Do Not Call list?

Sometimes. Telemarketers must check the National Do Not Call Registry and update their lists at least every 31 days. You can call a registered number if the person gave express written agreement to get calls from that specific party and hasn’t revoked it. The FCC’s version of this rule requires a signed written agreement between the consumer and the seller that includes the phone number.

The FTC also recognizes an inquiry exception: a consumer’s inquiry about a seller’s goods or services creates a relationship for three months. Whether a form filled out through a lead vendor counts as an inquiry to you is a question for your compliance counsel, not a sales page.

Sources: FTC, Q&A for telemarketers and sellers about the DNC provisions; FCC FAQ. Both checked September 27, 2026.

Always honor a stop request right away, keep your own do-not-call list, and log when and how each request came in.

What consent comes with BuyFEXLeads leads?

Our leads come from our own Meta ads, which send prospects to our final expense quiz. Every lead we sell confirmed their phone with a text code and agreed to be contacted there.

Before you automate anything, read the consent language that came with the lead and decide with your own counsel whether it covers the way you plan to call or text. Hand-dialing within the calling hours above is the safe default. More on the lead flow in how it works.

This is not legal advice. It is a plain-English summary of public sources as of September 27, 2026. Laws and court rulings change. Talk to a lawyer who handles telemarketing law before you set up calling or texting.