{"id":6369,"date":"2023-02-24T04:40:02","date_gmt":"2023-02-24T10:40:02","guid":{"rendered":"https:\/\/activeprospect.com\/blog\/\/"},"modified":"2025-09-05T10:44:07","modified_gmt":"2025-09-05T15:44:07","slug":"proof-of-consent-for-lead-vendors","status":"publish","type":"post","link":"https:\/\/activeprospect.com\/blog\/proof-of-consent-for-lead-vendors\/","title":{"rendered":"Why obtaining TrustedForm certificates is vital to keep your lead-selling business running smoothly"},"content":{"rendered":"
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In the marketing world, time runs fast and changes happen quickly. In order to navigate it, you have to be alert about new laws and regulations<\/strong>, and be able to adapt and find solutions that will help you keep your business running and thriving.<\/p>\n\n\n\n

However, when it comes to the TCPA, lead vendors foster a misconception that can potentially cost them their business: In the event of a TCPA litigation or lawsuit, the fault only falls on the lead buyer<\/strong>, the one actually calling or texting a lead.
In this article, we will explore the ins and outs of the TCPA, and how this misconception is not only wrong, but also very dangerous<\/strong> for lead vendors. Let\u2019s dive in!<\/p>\n\n\n\n

What is the TCPA?<\/h2>\n\n\n\n

The TCPA (Telephone Consumer Protection Act)<\/a> is the primary federal law that regulates telephone solicitations<\/strong>.<\/p>\n\n\n\n

It was first signed into law by President George H.W. Bush back in 1991 and has remained the backbone of federal telemarketing regulations ever since. After that, the Federal Communications Commission (FCC) and Federal Trade Commission (FTC) have built further legislation – such as the 2019\u2019s TRACED Act<\/a> – on the TCPA\u2019s foundation.<\/p>\n\n\n\n

Who must comply with the TCPA?<\/h2>\n\n\n\n

Any person, business, or entity that conducts telephone solicitations<\/strong>, including voice calls, faxes, VoIP calls (Voice over Internet Protocol), and text messages.<\/p>\n\n\n\n

The TCPA defines \u201ctelephone solicitation\u201d<\/a> as “the initiation of a telephone call or message for the purpose of encouraging the purchase or rental of, or investment<\/a> in, property, goods, or services, which is transmitted to any person, but such term does not include a call or message (A) to any person with that person\u2019s prior express invitation or permission, (B) to any person with whom the caller has an established business relationship, or (C) by a tax-exempt nonprofit organization.\u201d<\/p>\n\n\n\n

What are the requirements of the TCPA?<\/h2>\n\n\n\n

In order to avoid <\/strong>TCPA violations<\/strong><\/a>, marketers must comply with the following requirements.<\/p>\n\n\n\n

Restricted time frame<\/h3>\n\n\n\n

Marketers are allowed to contact consumers only between 8:00 AM and 9:00 PM (according to the recipient\u2019s time zone).<\/p>\n\n\n\n

Internal Do Not Call (DNC) list<\/h3>\n\n\n\n

Marketers are required to keep an internal DNC list of consumers who expressly asked not to receive any calls or texts.<\/p>\n\n\n\n

Automatic Telephone Dialing Systems (ATDS)<\/h3>\n\n\n\n

Autodialed marketing calls and texts to cell phones and other devices where the recipient might be charged for the call without prior express written consent are restricted by the TCPA, as well as non-marketing autodialed calls without prior express consent.<\/p>\n\n\n\n

Robocalls<\/h3>\n\n\n\n

Marketers can\u2019t use an artificial or prerecorded voice to call a consumer for marketing purposes without prior express written consent.<\/p>\n\n\n\n

Identification requirements<\/h3>\n\n\n\n

When calling, marketers are required to provide their name, the name of the company on whose behalf they are calling, and a telephone number or address which can be used to get back in touch with them.<\/p>\n\n\n\n

National Do Not Call Registry<\/h3>\n\n\n\n

Marketers are required to suppress phone numbers listed on the National Do Not Call Registry. Reminder: some states have their own local DNC lists as well, which are separate from the federal list.<\/p>\n\n\n\n

The big misconception about the TCPA<\/h2>\n\n\n\n

Lead vendors assume that in the event of a TCPA litigation or lawsuit, the fault for contacting consumers without having requested consent to contact only falls on the lead buyer, the one actually making the call or sending the text.<\/p>\n\n\n\n

Not only is this assumption inaccurate, but it can potentially be harmful to your business. In fact, in a TCPA litigation or lawsuit, all parties involved can be considered responsible, lead vendors included<\/strong>.<\/p>\n\n\n\n

As stated in the TCPA, these regulations do not solely apply to those who conduct marketing campaigns. Other entities may be found vicariously liable for TCPA violations, even if they did not commit the violations themselves.<\/p>\n\n\n\n

So, as a lead vendor, if you sell leads you acquired without documentation of consent, you\u2019ll also find yourself in the line of fire.<\/p>\n\n\n\n

Why lead vendors should comply with the TCPA<\/h2>\n\n\n\n

Here are some stats and insights collected from Eric Troutman<\/a> of TCPAWorld, one of the best-known lawyers in the U.S. telecom legal space, that will make you think twice about non-compliance to the TCPA.<\/p>\n\n\n\n