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TCPA consent language checklist

TCPA consent language is the disclosure on a lead form that the consumer agrees to before a seller can make autodialed or prerecorded telemarketing calls. This checklist lists what reviewers check that language for, based on 47 CFR 64.1200 and FCC guidance. It is general information, not legal advice, and it contains no ready-to-use consent text.

By Russell Brown, founder of Summit LeadsUpdated How we write and check guides3 min read
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How to use the TCPA consent language checklist

This checklist is general information, not legal advice. It does not tell you whether your form is compliant. Have a qualified attorney review your consent language.

  1. Open the live form, on a phone and on a computer, and copy the exact consent language shown next to the submit button.
  2. Write the page URL and the consent version or date at the top of the checklist.
  3. Go through each item and tick it only if the form clearly does what the item says. The reference after each item is the paragraph of 47 CFR 64.1200 or the FCC guidance it comes from.
  4. Write anything you are unsure of in the notes and take it to your attorney.
  5. Run the checklist again every time the form or the consent language changes.

TCPA consent language checklist template

TCPA consent language checklistTemplate from summitleads.ai/tools/templates/consent-language-checklist

General information, not legal advice. Have a qualified attorney review your consent language and forms.

Form or page URL:
Consent version or date:
Reviewed by:
Review date:

1. What the consent language says

  • Not checked: Authorizes the seller to deliver, or cause to be delivered, telemarketing calls using an automatic telephone dialing system or an artificial or prerecorded voice (47 CFR 64.1200(f)(9)(i)(A))
  • Not checked: Names the seller or sellers the consumer authorizes to call (64.1200(f)(9))
  • Not checked: Covers the telephone number the consumer entered on the form (64.1200(f)(9))
  • Not checked: States that the consumer does not have to agree as a condition of purchasing any property, goods or services (64.1200(f)(9)(i)(B))
  • Not checked: Covers text messages if the seller will send texts (FCC consumer guide)

2. How it is shown

  • Not checked: The disclosure is clear and conspicuous (64.1200(f)(9)(i))
  • Not checked: It sits next to the button or checkbox the consumer uses to agree
  • Not checked: Text size and color are easy to read on a phone
  • Not checked: It is not hidden behind a link, a scroll box or small print

3. Signature

  • Not checked: The consumer signs the agreement, in writing or by an electronic or digital signature valid under federal law or state contract law (64.1200(f)(9)(ii))
  • Not checked: The action that counts as the signature is clear (for example, a submit button or checkbox labeled with what it does)

4. Opting out

  • Not checked: Consumers can revoke consent by any reasonable method, and the seller does not name one exclusive method (64.1200(a)(10))
  • Not checked: Revocation requests are honored within a reasonable time, not more than ten business days (64.1200(a)(10))

5. Records

Common practice, not a rule in 64.1200. See TCPA record keeping.

  • Not checked: A copy of the exact consent language shown, with a version or date
  • Not checked: A consent certificate or record for each lead: time stamp, page URL and the phone number entered
  • Not checked: Records kept for as long as the agreement or your counsel requires

6. Other checks outside the consent text

  • Not checked: Calls to numbers on the National Do Not Call Registry follow the registry rules (64.1200(c)(2))
  • Not checked: Calling hours: not before 8 a.m. or after 9 p.m., local time at the called party’s location (64.1200(c)(1))
  • Not checked: State laws checked for the states where leads are generated and called
  • Not checked: Buyer contract terms checked (some buyers ask for their own name in the consent language)

About the one-to-one consent rule

The FCC adopted a one-to-one consent rule in December 2023. It never took effect: on January 24, 2025 the Eleventh Circuit vacated it in Insurance Marketing Coalition v. FCC, and the FCC removed the rule and restored the prior text of 47 CFR 64.1200(f)(9), effective August 29, 2025. Some buyers still ask for seller-specific consent as a contractual or risk choice. See the one-to-one consent rule and express written consent.

Notes

Where the checklist items come from

Under 47 CFR 64.1200(a)(2) and (a)(3), telemarketing calls made with an autodialerATDS / autodialerAn automatic telephone dialing system, a category of equipment regulated by the TCPA. Glossary or an artificial or prerecorded voice need the called party's prior express written consent. Paragraph (f)(9) defines that consent: a written agreement, signed by the person called, that clearly authorizes the seller to deliver those calls and gives the phone number. It must include a clear and conspicuous disclosure that the person is authorizing such calls and does not have to agree as a condition of purchase. Paragraph (a)(10) covers how consumers revoke consent.

The FCC's consumer guide, Stop Unwanted Robocalls and Texts, says written consent can be given on paper or through electronic means, including website forms, and that a caller needs consent before an autodialed or prerecorded call or text to a wireless number.

The FCC 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 is not on the checklist because it never took effect: on January 24, 2025 the Eleventh Circuit vacated it in Insurance Marketing Coalition v. FCC, and the FCC then removed the rule and restored the prior text of 47 CFR 64.1200(f)(9), effective August 29, 2025. See the one-to-one consent rule. For what each element of consent means, read express written consent and TCPA consent.

For publishers

Sending traffic to Summit landers? Read the publisher traffic guidelines and TCPA basics for lead gen affiliates. For how the wider industry works, see the lead generation industry guide.

Frequently asked questions

What should TCPA consent language include?

Reviewers check that it authorizes the seller to make autodialed or prerecorded telemarketing calls, covers the phone number given, says agreeing is not a condition of purchase, is clear and conspicuous, and is signed, which can be electronic. This is general information, not legal advice.

Can I copy TCPA consent language from an example?

This page gives no consent text to copy, because the right wording depends on your sellers, your form and the states involved. Have a qualified attorney write or review it. Express written consent explains the elements.

Does the one-to-one consent rule apply?

No. It never took effect: on January 24, 2025 the Eleventh Circuit vacated it in Insurance Marketing Coalition v. FCC, and the FCC then removed the rule and restored the prior text of 47 CFR 64.1200(f)(9), effective August 29, 2025. Some buyers still ask for seller-specific consent as a contractual or risk choice.

Related tools

Sources

  1. 47 CFR 64.1200, Delivery restrictions, eCFR (Office of the Federal Register)ecfr.gov
  2. Stop Unwanted Robocalls and Texts, Federal Communications Commissionfcc.gov

Buying or generating leads?

Summit captures TCPA consent on every lead and attaches a consent certificate. Buyers: email us your verticals, states, daily caps and delivery method. Publishers: apply with your MVA or home improvement traffic.

Become a buyerApply as a publisher

Or write to team@summitleads.ai. We reply by email.

What happens next

  1. Step 1: You email us.
  2. Step 2: We reply by email.
  3. Step 3: Return terms are agreed on the onboarding call, before you go live.

Buying or selling leads? Talk to us.

Email team@summitleads.ai. We reply by email. You can also message Summit Leads or Russell Brown on LinkedIn. Contact details.