Lead generation forms that comply with the Telephone Consumer Protection Act (TCPA) are essential if leads will be contacted via phone or text. The TCPA is a law governing how businesses may contact consumers. Compliance is essential for protecting your business from lawsuits and ensuring customer trust.
This article will walk you through the legal requirements, recent developments, best practices, and practical implementation examples.
The TCPA regulates how businesses can contact consumers by phone, text, and prerecorded messages. Failure to follow TCPA regulations can result in significant legal penalties, including class-action lawsuits. If your marketing involves calling or texting leads, prior express written consent is a legal requirement.
A TCPA-compliant lead gen form doesn’t just protect you—it also builds transparency and trust with your audience.
The U.S. Supreme Court will review whether district courts must follow the FCC’s interpretations of the TCPA. The outcome could reshape how courts defer to FCC guidance nationwide.
In 2024, TCPA litigation surged with 2,788 filings—an increase of 67% year-over-year. Over 80% were class actions, marking a growing enforcement trend.
Key provisions:
Consumers can revoke consent via any reasonable method (e.g., replying "STOP").
Opt-out requests must be honored within 10 business days.
One-time confirmation messages are allowed post-revocation.
The FCC has proposed changes to narrow the definition of valid consent for lead generation practices. While not finalized as of this writing, proposed updates may require that consent include a clear identification of each seller authorized to contact the consumer (SEE One-to-One Consent). Businesses should closely monitor future FCC rulings and adapt forms to emphasize named entities where appropriate.
Citibank: $29.5M settlement over unauthorized prerecorded calls.
CallCore: $2M settlement for illegal robocalls.
These rulings signal tighter enforcement and the importance of proper consent documentation.
TCPA consent does not expire automatically, but best practices recommend refreshing consent periodically, especially if a significant amount of time has passed or the campaign purpose has changed. Always document updated consent.
To build a compliant form, include:
Place it directly beside the submit button.
State that marketing calls/texts may use automated technology.
Identify who may contact the user.
Make clear that consent is not a condition of purchase.
Include an unchecked checkbox to reinforce user intent, though it's not legally required.
Capture:
Timestamp
Disclosure language
IP address and user-agent
Consent logs
Disclosures must be legible across devices.
Avoid hiding language in footnotes or fine print.
If sharing leads:
Clearly disclose that users may be contacted by partners.
Link to a partner list.
Example Disclosure:
You may be contacted by [YourCompany] and its trusted marketing partners listed here. These partners may reach out via phone, text, or email using automated technology.
Example Partner List Page Content:
Marketing Partners
Your information may be shared with the following partners who may contact you about their services:
Partner A – Home Services
Partner B – Insurance Solutions
Partner C – Financial Advising
Partner D – Solar Installation
To opt out, contact us at support@yourcompany.com.
Position disclosures clearly and near the CTA.
Make consent language specific.
Log IPs, timestamps, and user-agents.
Keep the partner list accessible and current.
Full Name
Phone Number
Email Address
Use an "HTML" field with this language:
<p style="font-size: 0.9em; line-height: 1.5em;">By submitting this form, you agree to be contacted by <strong>YourCompany</strong> and its partners at the phone number and email you provide. This may include calls or texts related to your inquiry. Consent is not a condition of purchase. You may be contacted by companies listed <a href="/partner-list" target="_blank">here</a>.
</p>
<p style="font-size: 0.9em; line-height: 1.5em;">
By submitting this form, you agree to be contacted by <strong>YourCompany</strong> and its partners at the phone number and email you provide. This may include calls or texts related to your inquiry. Consent is not a condition of purchase. You may be contacted by companies listed <a href="/partner-list" target="_blank">here</a>.
</p>Visual Example:
Label: Consent to contact
Value: I agree to be contacted as described above.
Must be required and unchecked by default.
Use add-ons or custom code to store IP, timestamp, and user-agent.
Sync with your CRM for compliance logging.
Add a rich text disclosure block.
Include a required checkbox.
Use workflows to log submission metadata.
Add a custom checkbox field and disclosure.
Use validation rules to enforce opt-in.
Store consent logs in custom objects.
<form method="POST" action="/submit">
<input type="text" name="name" required>
<input type="tel" name="phone" required>
<input type="email" name="email" required>
<p>By submitting, you agree to be contacted as described <a href="/partner-list">here</a>.</p>
<label><input type="checkbox" name="tcpaConsent" required> I agree to be contacted</label>
<button type="submit">Submit</button>
</form>
Disable form auto-submission.
Record detailed consent logs.
Manual phone entry is required (no prefilled fields).
Hidden Disclosures: Ensure visibility near the CTA.
Pre-Checked Boxes: Must be unchecked by default.
Vague Language: Use clear, specific phrasing.
Missing Partner List: Always link if leads are shared.
Data Not Stored: Ensure metadata and consent logs are securely retained.
Building a TCPA-compliant lead generation form protects your business and your leads. Whichever form builder you use, the principles remain the same. Be transparent, store verifiable consent, and stay up-to-date on regulations.
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