TCPA consent in 2026: what actually changed for lead generation

The short version

In December 2023 the FCC adopted a rule requiring consumer consent to be given to one identified seller at a time (the "one-to-one" rule). It was scheduled to take effect in January 2025, but in Insurance Marketing Coalition v. FCC the Eleventh Circuit vacated it, holding the FCC exceeded its authority. The FCC later removed the vacated language. As of 2026, the federal one-to-one requirement is not in force.

What still applies

• Prior express written consent is still generally required for autodialed or prerecorded telemarketing calls and texts to wireless numbers under the FCC's rules. Note that a 2026 Fifth Circuit decision questioned the written-consent requirement for that circuit (Texas, Louisiana, Mississippi) — another reason to get advice for your specific footprint.
• State "mini-TCPA" laws in several states add their own consent, timing and registration rules for calls and texts.
• Revocation of consent must be honored promptly through reasonable means.
• Do Not Call rules — national and internal lists — continue to apply to telemarketing.

Where inbound calls fit

A homeowner who chooses to dial a number they saw in an ad or on a website is making an inbound call. That is different from a business placing an outbound marketing call. Inbound-first models like ours avoid most outbound consent issues by design — but buyers who later call or text those consumers back for marketing purposes are responsible for their own compliance.

Why we still use a single-seller standard

• Many large buyers still require seller-specific consent in their vendor contracts.
• State rules continue to diverge, and some are stricter than federal law.
• Regulators or Congress could revisit a narrower version of the rule.
• It's simply clearer for consumers: they know who will contact them.

So wherever we use web forms, our consent language names the seller, and we keep time-stamped consent records for audit.

A practical checklist for buyers

• Know whether each lead or call is inbound or depends on consent for outbound follow-up
• Ask vendors for consent language and time-stamped records (e.g., certificate IDs)
• Honor revocations quickly across calls and texts
• Check state rules for every state you call into
• Keep records long enough to defend a claim