Why agents care
Calculator lead forms are where consent is collected, so the wording matters if you'll call or text leads. Store the consent with each lead, and follow your brokerage's guidance. This isn't legal advice.
Glossary term
TCPA consent
The Telephone Consumer Protection Act restricts telemarketing calls and texts. For marketing calls or texts made with an autodialer or prerecorded voice, prior express written consent is generally required. In January 2025, the Eleventh Circuit vacated the FCC's 'one-to-one' consent rule before it took effect, but the underlying consent requirements remain, and state laws may add more.
Example
Example: a lead form checkbox reads 'I agree to receive calls and texts from [brokerage] about homes and financing at the number provided. Consent isn't required to buy.' The lead record stores that wording.
Questions by topic
TCPA consent: common questions
Is the FCC one-to-one consent rule in effect?
No. It was vacated by the Eleventh Circuit in January 2025. Other TCPA requirements still apply.
Do I need consent to email leads?
Email is governed by CAN-SPAM rather than the TCPA, which requires accurate headers, an opt-out and a physical address in marketing emails.
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