Reviewed October 6, 2026, against 47 U.S.C. 227, 47 CFR 64.1200 and 16 CFR Part 310 as published on eCFR (up to date as of October 2, 2026). This page is general information for lead generators and buyers, not legal advice. Rules change; check the linked sources before you rely on them.
Key points
- Marketing calls and texts to a mobile number using an autodialerATDS / autodialerAn automatic telephone dialing system, a category of equipment regulated by the TCPA. Glossary or a prerecorded voice need the consumer's prior express written consent.
- Telephone solicitations are limited to 8 a.m. to 9 p.m. local time and must respect the national Do Not Call registryDNC / Do Not Call RegistryThe National Do Not Call Registry is a federal list of numbers whose owners have opted out of most telemarketing calls. Glossary and internal do-not-call lists.
- The Telemarketing Sales Rule requires sellers and telemarketers to keep telemarketing records for 5 years.
- Whether a lead generation activity counts as insurance solicitation is decided under each state's law.
Why TCPA compliance for insurance leads matters
Insurance leads are bought to be called and texted, often within minutes and often with dialing software. The Telephone Consumer Protection Act and the FCC's rules at 47 CFR 64.1200 set when those calls and texts need the consumer's consent, and the statute lets consumers sue over violations. A buyer that calls a lead without valid consent carries that risk, so buyers check the consent record before they pay for a lead. For how consent records and contact data are checked before a sale, see lead validation.
For the general rules, see TCPA consent. For what the statute provides when a call breaks the rules, see TCPA violations and fines.
Consent on insurance quote forms
Under 47 CFR 64.1200, a call or text that includes an advertisement or constitutes telemarketing, made with an automatic telephone dialing system or an artificial or prerecorded voice to a mobile number, needs the prior express written consentPrior express written consentUnder the TCPA, a written agreement signed by the consumer (an electronic signature counts) that clearly authorizes a seller to make telemarketing calls or texts using an autodialer or a prerecorded or artificial voice to a stated number. Glossary of the person called. The rule defines that consent as a signed written agreement, which can be an electronic signature, that clearly authorizes the seller to deliver such messages to a phone number the person provides.
- Consent language sits next to the submit button, in readable type, not hidden in the terms.
- It says the consumer agrees to be contacted about insurance quotes, by phone and text, including by automated technology or prerecorded messages.
- It names the companies that may call, or links to a list of them that is kept up to date.
- It says that consent is not a condition of purchase.
- The form records the language shown, the timestamp, the IP address and the page URL for each lead.
The FCC's one-to-one consentOne-to-one consentAn FCC rule adopted in 2023 that would have limited each prior express written consent to a single seller. Glossary rule, which would have limited consent to one seller at a time, never took effect: the Eleventh Circuit vacated it on January 24, 2025 (Insurance Marketing Coalition v. FCC), and the FCC removed it from its rules in August 2025. See one-to-one consent and prior express written consent.
Do Not Call and calling hours
Telephone solicitations are subject to the national Do Not Call registry and to company-specific do-not-call lists. Under 47 CFR 64.1200:
- Telephone solicitations may not be made before 8 a.m. or after 9 p.m., local time at the called party's location.
- The safe harbor for calls to registered numbers requires using a version of the registry obtained no more than 31 days before the call, and keeping records that document the process.
- A request not to be called must be honored within a reasonable time, not more than ten business days from receipt.
Prior express written consent on a quote form is a separate question from Do Not Call. See Do Not Call list for businesses for registry access and scrubbing, and the Telemarketing Sales Rule for the FTC's parallel rules.
State mini-TCPA laws
Several states have their own telemarketing laws that add to the federal rules, for example on calling hours, the number of calls in a period, or consent for automated calls and texts. These laws apply based on where the consumer is. Insurance leads are often sold across many states, so the strictest state rule that applies to a lead sets the standard for that lead. See state TCPA laws for the state-by-state summary.
Record keeping for insurance leads
The Telemarketing Sales Rule at 16 CFR 310.5 requires sellers and telemarketers to keep records relating to their telemarketing activities for 5 years from the date the record is produced, unless the rule specifies otherwise. Lead generators and buyers commonly keep, for each insurance lead:
- The consent certificateConsent certificateA record, often produced by a third-party consent certificate provider, that shows how and when a consumer gave consent on a web form. Glossary: the consent language shown, the timestamp, the IP address and the page URL
- The form version the consumer saw
- Who received the lead and when
- Do Not Call scrub results and the registry version used
- Opt-out requests and the date each was honored
See TCPA record keeping for how to organize these records.
Insurance producer licensing and lead generators
Insurance adds a question that MVA and home service leads do not have. The NAIC explains that people who sell, solicit or negotiate insurance in the United States must be licensed as a producer, a term that includes agents and brokers, and that each state regulates producer activities. The NAIC's Producer Licensing Model Act is a model law that states can adopt in their own form.
Whether a given lead generation activity, such as running a quote form, describing policies on a website, or passing a consumer to an agent, counts as soliciting insurance is decided under each state's law and by each state's insurance department. This page does not answer that question for any state. Use the NAIC's directory of state insurance departments to find each state's rules, and take legal advice for your own setup.
How insurance consent differs from MVA and home service consent
| Insurance leads | MVA leads | Home service leads | |
|---|---|---|---|
| What the consumer asked for | An insurance quote | Help after an accident | A contractor for a project |
| Who contacts them | Agents, agencies, carriers | Law firms and intake companies | Contractors and appointment setters |
| Extra rules on top of the TCPA | State insurance solicitation and licensing rules | Attorney advertising and solicitation rules | State contractor and home solicitation rules |
Consent given for one lead type does not cover another. See TCPA compliance for MVA leads, TCPA compliance for home service leads and MVA leads vs auto insurance leads.
Common compliance mistakes with insurance leads
- Consent that does not mention texts or automated calls. If the buyer will text or use dialing software, the consent should say so.
- Consent that does not identify who will call. A list of companies that is out of date, or missing, is hard to defend.
- Calling outside permitted hours for the consumer's time zone, which may differ from the buyer's.
- Selling a lead to a buyer type the consent does not cover.
- Losing the records. A consent claim cannot be defended without the certificate and the form version.
For sellers
Selling insurance leads? See consent and documentation for insurance leads.
Frequently asked questions
Does the TCPA apply to insurance leads?
Yes. The TCPA and the FCC's rules apply to marketing calls and texts about insurance in the same way as other marketing calls. Insurance lead buyers need valid consent for automated calls and texts to mobile numbers.
What is insurance lead compliance?
The set of rules a lead must meet before it can be used: consent captured on the form, Do Not Call and calling-hour rules, state telemarketing laws, state insurance rules, and records that prove each step.
Do TCPA insurance leads need a consent certificate?
The rules require consent; a consent certificate is how sellers and buyers prove it. Buyers commonly require one for every lead.
Does a lead generator need an insurance producer license?
It depends on the state and on what the lead generator does. The NAIC says people who sell, solicit or negotiate insurance must be licensed as producers; whether a lead generation activity counts as solicitation is decided under each state's law. Check with the state insurance department.
Related guides
Sources
- 47 U.S.C. 227 (Telephone Consumer Protection Act), Legal Information Institute, Cornell Law Schoollaw.cornell.edu
- 47 CFR 64.1200, Delivery restrictions, eCFRecfr.gov
- 16 CFR 310.5, Recordkeeping requirements, eCFRecfr.gov
- Complying with the Telemarketing Sales Rule, Federal Trade Commissionftc.gov
- Producer Licensing, National Association of Insurance Commissionerscontent.naic.org
- Producer Licensing Model Act (#218), National Association of Insurance Commissionerscontent.naic.org
- Insurance Departments, National Association of Insurance Commissionerscontent.naic.org
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