TCPA one-to-one consent: what it changed for lead vendors and what to ask every one of them

The one-to-one consent rule changed how lead consent has to be captured, and a lot of lead vendors adapted slowly. Whether the current rule is enforced exactly as written on any given day, carriers and E&O carriers expect agents to follow the one-to-one standard, and plaintiff attorneys certainly do.

The standard. Consent to receive marketing calls or texts has to be for a specific, named seller, not a generic "you agree to be contacted by our marketing partners." The consumer has to see who will call. Consent for one seller doesn't transfer to another.

What it means for you. A lead form that named a vendor and not you may not be consent for your call. A lead form that named five sellers in a dropdown may or may not hold up. A lead you bought from a vendor who bought it from an aggregator is a chain of consent you can't verify.

What to ask a vendor.

1. Show me the form the consumer saw, with the seller name as displayed.
2. How is the consent record stored, and can I get the timestamp, IP and page for a specific lead?
3. Is the lead exclusive to me, and if not, how many sellers were named?
4. What's your indemnification if a lead's consent is challenged?

What to do yourself. Run your own forms with your own name. Keep the consent records. Use the CRM's DNC scrub before every campaign; the national list and your internal opt-outs both. Honor a stop text within the required window, automatically.

Recorded lines. Say the line is recorded where the state requires it, every call. It's cheap insurance.

Which vendors have shown you actual consent records on request?