The rule: written consent that names you
If you'll reach a lead with an autodialer, a prerecorded or artificial voice, or automated texts, a sales call needs the person's prior express written consent (47 CFR 64.1200(a)(2)). The FCC defines it:
"The term prior express written consent means an agreement, in writing, bearing the signature of the person called that clearly authorizes the seller to deliver or cause to be delivered to the person called advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice, and the telephone number to which the signatory authorizes such advertisements or telemarketing messages to be delivered." (47 CFR 64.1200(f)(9))
Check each bought lead against this list (64.1200(f)(9)):
| The consent must | What to look for on the lead seller's form |
|---|---|
| Be signed | A click, tick or typed name counts if it's a valid e-signature under federal or state law |
| Authorize "the seller" | Your business, the one the call is for |
| Include the phone number | The number the person typed in |
| Say clearly they agree to autodialed or prerecorded marketing | The disclosure next to the submit button |
| Say consent isn't required to buy | The words "not a condition of purchase" or similar |
"Seller" means the business "on whose behalf a telephone call or message is initiated" (64.1200(f)(10)). If a vendor calls for you, the consent must still cover you.
What happened to the one-to-one consent rule?
It never took effect. In 2023 the FCC adopted a rule that consent could cover only one seller at a time, for calls "logically and topically associated with the interaction that prompted the consent." The Eleventh Circuit struck it down on January 24, 2025:
"we grant IMC's petition for review, vacate Part III.D of the 2023 Order, and remand for further proceedings." (Insurance Marketing Coalition v. FCC)
The FCC then restored the old wording. It said the vacatur took hold on April 30, 2025, and "Prior to the court's mandate, the Commission had postponed the effective date of the revised rule and the revised rule had not gone into effect" (Federal Register, Aug. 29, 2025).
After the ruling, one form may cover several sellers. It still has to authorize "the seller" calling, so a form that says "our partners" without naming you is the weak spot.
Do Not Call numbers: even hand-dialed calls
The national Do Not Call rule covers every sales call, autodialed or not (64.1200(c)(2)). An established business relationship is exempt: a purchase from you in the last 18 months, or an inquiry to you in the last 3 months (64.1200(f)(5)). A bought lead asked the seller, not you, so you usually need this:
"Such permission must be evidenced by a signed, written agreement between the consumer and seller which states that the consumer agrees to be contacted by this seller and includes the telephone number to which the calls may be placed" (47 CFR 64.1200(c)(2)(ii))
"This seller" is the test for bought leads: a lead with no agreement naming your business doesn't clear the Do Not Call list. Sales calls also stay between 8 a.m. and 9 p.m. in the lead's time zone (64.1200(c)(1)).
What it costs to get wrong
A person can sue for actual loss or "$500 in damages for each such violation, whichever is greater"; a court may triple it if the violation was willful or knowing (47 U.S.C. 227(b)(3)). Do Not Call violations give a right to sue after more than one call in 12 months (227(c)(5)). Each call or text counts, so a 5-touch sequence to 1,000 bad leads adds up.
What to ask a lead seller before you buy
- The exact form the lead filled in, as a screenshot or page capture, with the consent wording.
- Who's named. Your business by name, or a link to a list that includes you.
- The record for each lead: date, time, page URL and phone number entered.
- Exclusivity. How many other buyers got the same lead.
- Your right to the records later, in writing in the contract.
No consent record, no autodialing or texting: call by hand and check the Do Not Call list first.
Stopping when they say stop
Consent can be revoked "by using any reasonable method," and replies like "stop," "quit" or "unsubscribe" count (64.1200(a)(10)). Opt-out details, and the FCC changes taking effect November 25, 2026, are in missed-call text back and consent.
State laws: Florida as the example
Florida's law reaches calls, texts and voicemails. An unsolicited sales call or text using "an automated system for the selection and dialing of telephone numbers" needs prior express written consent (Fla. Stat. 501.059(8)(a)). Its definition requires the agreement to authorize "the person making or allowing the placement" of the call (501.059(1)(g)). Other states have their own versions.
Medicare leads: one more layer
CMS requires a separate consent before a Medicare lead is shared between marketing organizations, listing each one by name. See Medicare marketing rules.
Canada
Canada's National Do Not Call List exempts calls to a person with an existing business relationship, which includes "an inquiry or application, within the six-month period immediately preceding the date of the telecommunication, by the person to whom the telecommunication is made in respect of a product or service offered by the person or organization on whose behalf the telecommunication is made" (Telecommunications Act, s. 41.7). The inquiry must be about your product or service. Calls to people who gave you express consent are also exempt (National DNCL FAQ). Texts and emails follow CASL: CASL consent.
This page describes the rules as of November 14, 2026; it isn't legal advice.
Example
Solar installer buying shared leads
A solar company buys 200 leads at USD 40. The form says "I agree to be contacted by SunCo and up to 4 solar partners." SunCo is named, so if the rest of the disclosure is there, its dialer may call. The other 4 buyers aren't named; for them, the consent is the weak spot.
Final expense agent, aged leads
An agent buys 1,000 aged leads at USD 1 each, with no consent records. He doesn't text them. He scrubs the list against Do Not Call and calls the rest by hand.
Roofer's own Facebook form
A roofer's own lead form names the company and includes the autodial disclosure. His team texts every lead within 5 minutes. That's first-party consent: no seller to chase.
Different for you?
- Answering new leads in minutes: speed to lead.
- Texting people who called you: missed-call text back.
- Whether shared leads are worth it: Angi and Thumbtack leads.
- Medicare leads: Medicare marketing rules.
- Following up every lead within the rules: Conversion agent.