The Telephone Consumer Protection Act (TCPA) is one of the most litigated laws affecting insurance marketing. This overview covers the basics every agency should understand. It is not legal advice, so review your own practices with qualified counsel.
When you need prior express written consent
Marketing calls and texts made with an autodialer, or calls using an artificial or prerecorded voice, generally require the consumer’s prior express written consent. That consent must be clear, signed (electronic signatures count), and must not be a condition of purchase.
What happened to one-to-one consent
In 2023 the FCC adopted a rule requiring consent to be given to one seller at a time. In January 2025, before the rule took effect, the U.S. Court of Appeals for the Eleventh Circuit vacated it. The practical lesson still stands: consent that clearly identifies who will contact the consumer is easier to defend than vague language covering “marketing partners.”
State laws can be stricter
Several states have their own telemarketing laws with tighter rules on autodialed calls, calling hours, and the number of calls allowed. If you market in states such as Florida, Oklahoma, or Maryland, review their requirements specifically.
Honor opt-outs quickly
Consumers can revoke consent in any reasonable way, including replying STOP or asking an agent. Recent FCC rules require revocation requests to be honored within 10 business days, and faster is better. Keep an internal do-not-call list and share opt-outs across every system you use.
Keep records
For every lead, store the consent language shown, the timestamp, the IP address, and the page URL. If a claim is ever made, these records are your first line of defense.
Read our TCPA compliance policy to see how we handle consent on our campaigns.