Definition
TCPA consent
TCPA consent is the permission a business generally needs under the Telephone Consumer Protection Act before making certain marketing calls or texts, especially with automated dialing systems or prerecorded or artificial voices. For telemarketing, that typically means prior express written consent, given clearly and not required as a condition of buying anything.
What follows is a general overview for loan officers, not legal advice. The TCPA and the FCC's rules under it restrict calls and texts made with automatic telephone dialing systems or prerecorded or artificial voice messages, and the Do Not Call rules add further limits. Text messages are generally treated as calls. Penalties are assessed per message, which is why consent mistakes can become expensive.
For marketing messages, the standard to plan around is prior express written consent: a signed agreement, which can be electronic, that clearly authorizes the specific business to contact the consumer at a specific number using such technology, and that states consent is not a condition of purchase. Language buried in fine print, or pre-checked boxes, invites challenge.
The FCC adopted a one-to-one consent rule that would have required consent to name each seller individually; it did not take effect as adopted. Practices continue to evolve, and many states impose their own telemarketing rules, including registration requirements, quiet hours and limits on call frequency.
Example. A calculator lead form includes an unchecked box with language stating that the borrower agrees to receive calls and texts from a named loan officer at the number provided, that automated technology may be used, that consent is not required to obtain services, and how to opt out. The record keeps a timestamp, the page and the exact language shown.
Related terms
FAQ · 3 questions
Questions about TCPA consent
Does a calculator lead form need TCPA consent language?
If you plan to call or text leads using automated technology or prerecorded messages for marketing, you generally need clear prior express written consent. Ask your compliance team or counsel to approve the wording.
Is the FCC one-to-one consent rule in effect?
No. The FCC adopted it, but it did not take effect as adopted. Consent rules and state laws keep evolving, so review your practices with counsel periodically.
Can consent be a required checkbox to see calculator results?
Making consent to marketing calls a condition of receiving a service is a known risk under the written-consent standard. Keep consent optional and separate, and confirm your approach with counsel.
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