What constitutes TCPA consent for insurance calls?

For autodialed or pre-recorded calls, TCPA requires prior express written consent — a signed (including e-signed) agreement that clearly authorizes the specific caller to contact the consumer. Verbal consent is insufficient for these call types.

How often should I scrub my lists against the DNC registry?

The FTC requires scrubbing at least every 31 days. Best practice is to scrub before every campaign launch and maintain a continuous suppression workflow.

Can I call someone who gave consent to a different company?

No. TCPA consent is company-specific. The consumer must have consented to receive calls from your organization specifically. Purchasing leads does not transfer the original consent unless the consent form explicitly names your company.

What are the penalties for a single TCPA violation?

Statutory damages are $500 per violation (per call or text). If the violation is found to be willful or knowing, courts can treble damages to $1,500 per violation.

Compliance Guide

TCPA Compliance Checklist for Insurance Agents

A practical, step-by-step guide to keep your telemarketing campaigns compliant and avoid costly fines.

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Why It Matters

Why TCPA Compliance Matters

The Telephone Consumer Protection Act regulates how businesses contact consumers via phone and text. For insurance agents who rely on outbound calling, violations can result in devastating financial penalties and reputational harm.

"TCPA lawsuits have resulted in settlements exceeding $1 billion collectively. A single class-action can cost an agency millions."

Risk Exposure Calculator

Non-compliant calls: 10,000

$5M

Standard penalty

$15M

Willful violations

Risk Level

Calculating...

Regulations

Key TCPA Rules & Regulations

The table below summarizes the core TCPA requirements and the specific actions insurance agents must take to comply.

Requirement	Action for Agents
Prior Express Written Consent	Use compliant opt-in forms with clear disclosures
National DNC Scrubbing	Scrub lists every 31 days against FTC registry
Internal DNC List	Honor opt-outs within 30 days; maintain for 5+ years
Calling Hours	Call only 8 AM – 9 PM in consumer's local time
Caller Identification	State name, company, and callback number
Opt-Out Mechanism	Provide automated opt-out for pre-recorded calls
Record Retention	Keep consent/opt-out records for 5+ years

Source: FCC TCPA Consumer Guide

Consent Collection Form

Consumer Name

Jane Smith

I consent to receive calls from [Your Agency]

I understand calls may use automated dialing

I can revoke consent at any time

Consent documented with timestamp

Step by Step

TCPA Compliance Checklist

Obtain Prior Express Written Consent

Collect clear, documented consent before placing autodialed or pre-recorded calls. Consent must be voluntary and specific to your organization.

Scrub Against the National DNC Registry

Download and cross-reference the FTC's National Do-Not-Call Registry before every campaign. Update your suppression list at least every 31 days.

Maintain an Internal DNC List

Honor all consumer opt-out requests within 30 days and keep an internal list of numbers that have requested no further calls.

Respect Calling-Hour Restrictions

Only place calls between 8:00 AM and 9:00 PM in the consumer's local time zone. Some states have stricter windows.

Identify Yourself and Your Company

Provide your name, your company's name, and a callback number at the beginning of every call.

Offer an Opt-Out Mechanism on Every Call

Give consumers an easy way to opt out during the call. For pre-recorded messages, include an automated opt-out option.

Record-Keep All Consent and Opt-Outs

Maintain records of consent forms, timestamps, and opt-out requests for at least five years to defend against potential claims.

Audit Your Lead Vendors

Verify that every lead vendor you purchase from collects TCPA-compliant consent. Require contractual representations of compliance.

Train Your Sales Team Regularly

Conduct quarterly compliance training so agents understand current rules, scripting requirements, and record-keeping obligations.

Review State-Level Telemarketing Laws

Many states impose additional restrictions (stricter hours, registration requirements, etc.). Ensure you comply with both federal and state rules.

⚠ Risks

Penalties & Case Examples

$500

Per violation

$1,500

Willful violations

Even small operations can face massive exposure. An agency that makes 10,000 non-compliant calls could face up to $5 million in statutory damages — or $15 million for willful violations.

Notable cases include multi-million-dollar settlements against health insurance marketers who failed to scrub against the DNC registry or obtained insufficient consent.

DNC & Compliance Scanner

Numbers scanned: 0

Federal DNC RegistryChecking...

State DNC (50 states)Pending

TCPA Litigator DatabasePending

Internal Opt-out ListPending

Best Practices

Ongoing Compliance Tips

Conduct quarterly compliance training for all phone agents.

Audit lead vendors annually — require written TCPA compliance attestations.

Use automated DNC scrubbing tools integrated into your dialer.

Document every consent form and opt-out request with timestamps.

Monitor state-level law changes — subscribe to FCC and FTC newsletters.

Engage a compliance attorney for periodic policy reviews.

FAQ

Frequently Asked Questions

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