TCPA
Definition
Telephone Consumer Protection Act — federal law regulating telemarketing. Requires prior consent for auto-dialed calls. Critical for aged lead compliance.
Understanding TCPA
The Telephone Consumer Protection Act (TCPA) is a federal law that regulates telemarketing calls, text messages, and fax communications. Enacted in 1991 and updated repeatedly since, the TCPA imposes strict rules on how businesses can contact consumers by phone. Violations carry statutory damages of $500 per call or text, tripled to $1,500 for willful violations. Class action TCPA lawsuits regularly produce settlements in the millions of dollars. For aged lead professionals, TCPA compliance is not optional — it is a business survival requirement.
How It Works in Practice
Key TCPA rules for aged lead work. First, prior express written consent is required before using an autodialer or prerecorded message to call a cell phone. The lead form the prospect originally filled out may have included this consent, but you must verify the consent language and ensure it applies to your specific company — generic consent may not transfer to lead buyers. Second, the FCC's 2025 one-to-one consent rule requires that consent name a specific seller, making it harder for lead generators to sell broad consent across multiple buyers.
Third, you must scrub your calling list against the National DNC Registry before every campaign and honor all do-not-call requests within 30 days. Fourth, calls can only be made between 8 AM and 9 PM in the consumer's local time zone. Fifth, you must identify yourself and your company at the beginning of every call. Sixth, you must provide your phone number or address upon request. State laws may impose additional requirements — many states have their own mini-TCPA statutes with stricter rules.
Why It Matters for Aged Leads
Aged leads carry unique TCPA considerations because the consent was obtained by a different company at a different time. Always verify the consent language on the original lead form. Work with your lead vendor to obtain documentation of consent. Use a manual dialing process or click-to-call for cell phones if you cannot verify autodialer consent. Maintain meticulous records of every call, including date, time, number dialed, and outcome. TCPA compliance costs a few hundred dollars per year in scrubbing and documentation. TCPA violations can cost hundreds of thousands. The choice is obvious.
Related Lead Types
Related Terms
DNC List
Do Not Call list — a registry of phone numbers belonging to consumers who have opted out of telemarketing calls. Always scrub aged lead lists against the National DNC Registry before calling.
Opt-In
A consumer's explicit agreement to receive communications. Real-time leads typically have opt-in consent for the original buyer. Aged leads may not have specific consent for your company — consult compliance.
FTC Disclosure
Federal Trade Commission-required disclosures for advertising, endorsements, and affiliate relationships. Required on websites that earn affiliate commissions from product recommendations.
CMS Guidelines
Centers for Medicare & Medicaid Services marketing rules that govern how Medicare products can be advertised and sold. Medicare agents must follow strict CMS guidelines when contacting aged Medicare leads.
Scope of Appointment (SOA)
A CMS-required form that must be signed before a Medicare sales appointment. Documents which types of plans will be discussed. Must be collected 48+ hours before the meeting.
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