TCPA Compliance for Insurance Leads: What Agents Must Know
The Telephone Consumer Protection Act governs how businesses can call and text consumers. Violations carry statutory damages per call, and class actions against insurance marketers are common. Understanding what your lead vendor covers, and what they do not, protects your agency.
This article is general information, not legal advice. Consult a compliance attorney for your specific operation.
What "opt-in" means
An opt-in lead is a consumer who submitted a form requesting contact about insurance. Compliant vendors retain the source, timestamp, and the consent language the consumer saw. That record is what supports your right to call.
What the vendor provides
- Leads generated from consumer-initiated requests, not scraped or purchased phone lists.
- Retained opt-in records on request.
- Exclusive delivery, so the consumer is not contacted by a dozen agents off the same form.
What stays on the agent
- Do-not-call handling. Honor every request immediately and maintain an internal DNC list.
- National DNC scrubbing where your calling method and the lead's age require it.
- Dialer technology. Rules differ for manual dialing, autodialers, prerecorded messages, and texting. Know which you use.
- Calling hours. Respect 8 a.m. to 9 p.m. local time and state-specific restrictions.
- Records. Keep call logs, consent documentation, and revocation records.
Aged leads and consent
Consent does not expire on a fixed date under federal law, but some states impose time limits and some dialing methods require fresher consent. Many agencies manually dial aged data and use texting only with fresh, express-consent leads. Build your process around the strictest state you operate in.
Questions to ask any vendor
- How was this lead generated?
- Do you retain the consent record and can you produce it?
- Is the lead sold to anyone else?
- Can I filter by state?
We answer all four in writing. Read our FAQ or contact us before your first order.