TCPA Compliance Checklist: Key Elements of a TCPA Compliant Lead Form

Are you collecting customer phone numbers in the US in your lead generation forms? Then this is for you. TCPA compliance or Telephone Consumer Protection Act (TCPA) is relevant to any business collecting customer phone numbers from the US. Whether you're in insurance, finance, or healthcare, all your forms must be TCPA compliant!

In this article, we break down what TCPA compliance means, why it matters, along with a comprehensive TCPA compliance checklist to ensure your lead forms follow the latest guidelines.

What Is TCPA Compliance?

TCPA compliant forms refer to forms that follow the rules set by the Telephone Consumer Protection Act (TCPA) - a U.S. federal law that governs how and when businesses can contact individuals via phone or text. 

Often considered one of the most powerful tools against robocalls and spam texts, the TCPA imposes strict requirements on when and how companies can reach out to consumers.

It also allows for enforcement from multiple fronts, not just from federal regulators like the FCC, but also from individuals who can file lawsuits on their own or as part of a class action.

If your business uses autodialers, prerecorded messages, or text messaging as part of its outreach, especially through lead capture forms, TCPA compliance is absolutely essential. It especially restricts the use of autodialers, prerecorded voice messages, and SMS without prior TCPA consent from the recipient. If any of these are part of your communication tools, this article will clear all your doubts. 

Why TCPA Compliance Is Important?

1. Avoiding Legal Trouble
   Penalties for violations can start from $500 and go up to $1,500 PER unsolicited message or call - even more in class action lawsuits!
    
2. Protecting Consumer Trust
   Did you know, 29% of people abandon a form over privacy concerns. Customers want  transparent language and clear consent, that’s when they’re more likely to engage with you.
    
3. Safeguarding Brand Reputation
   A single TCPA lawsuit can damage your brand perception for years - not just because of the legal fallout, but because of the public attention it can attract. In today’s digital landscape, we all know that consumers share negative experiences widely and instantly, being labeled as a spammy or intrusive brand can erode trust overnight!
    
4. Better Lead Quality
   Lead generation best practices have shown us time and time again that users who knowingly opt in - convert better!
    
5. Operational Stability
   There are many industries that rely heavily on outbound contact, insurance firms, financial advisors, mortgage lenders, real estate agencies, auto dealerships, among others. Timely phone calls and text messages are a natural part of staying connected with prospects and closing deals. So it can’t really be avoided - but it can be costly if you’re not TCPA compliant. 
   For instance, lead generation for financial advisors or insurance lead generation often involves collecting user data and reaching out quickly via multiple channels. Without proper TCPA compliance, these efforts can be derailed completely by lawsuits, regulatory action, or lead disqualification. 

Read more about TCPA Compliance for SMS Marketing in the US: A Complete Guide

What Happens If You Violate TCPA Regulations?

• Fines and Statutory Damages: $500–$1,500 per message or call!

In 2017, in a landmark case, Dish Network was hit with a $280 million judgment by the FTC (The Federal Trade Commission - a U.S. government agency responsible for protecting consumers and maintaining fair competition) for making millions of unsolicited telemarketing calls to numbers on the Do-Not-Call registry.

More recently, Wells Fargo had to pay nearly $18 million to settle allegations that it called and texted consumers without their consent, violating the Telephone Consumer Protection Act (TCPA). The settlement applied to individuals who received automated calls or text messages from Wells Fargo from 2014 to 2019, regardless of whether they were customers of the bank or not!

• Regulatory Enforcement (FCC): The FCC can investigate and take action.

The Federal Communications Commission (FCC) regulates interstate and international communications across cable, radio, TV, satellite, and wire in the US. The agency investigates and penalizes companies that enable harmful or deceptive communications, even if indirectly.

In February 2024, the FCC proposed a $4.49 million fine against Telnyx LLC for allegedly failing to prevent illegal robocalls on its network. The investigation revealed that Telnyx did not implement adequate Know Your Customer (KYC) procedures and allowed suspicious accounts to place high volumes of robocalls - some of which impersonated an FCC “Fraud Prevention Team” and attempted to defraud recipients.

• Business Consequences: Lost leads, marketing bans, and public relations nightmares.

Companies like ColourPop and ViSalus faced massive backlash, not just in court, but in the media and among consumers. ColourPop’s late-night texts led to national headlines and a potential class-action lawsuit, while ViSalus was slammed with a $925 million verdict for illegal robocalls. Non-compliance can severely damage brand trust, spark social media outrage, and force companies into public apologies or complete marketing overhauls.

More insights here on: What Are the New FCC Lead Generation Rules?

TCPA Compliance Checklist

1. Clear and Conspicuous TCPA Consent Language

• Use plain, understandable language:
  Avoid legal jargon or complex terms. Your audience should immediately understand what they’re agreeing to.
• Place near the submit button:
  Position the consent text right next to or directly under the form's call-to-action (e.g., the “Submit” button) so users see it before submitting.
• Avoid hiding it in your lead capture form:
  Don’t bury the consent in your terms and conditions or in a separate link. TCPA consent language must be easily visible. 

Example:
By clicking Submit, you agree to receive marketing calls or texts from XYZ Company at the phone number provided (including via autodialer or prerecorded voice).

2. Checkbox for Express Written Consent

• Must be unchecked by default:
  The checkbox should never be pre-ticked. The user must actively check the box themselves - this is what makes it “express” consent.
• A required step to proceed:
  Ensure the form cannot be submitted unless the user checks the consent box. This confirms intentional agreement to communication.

Example:
“ ☐ I consent to receive calls and texts from ABC Corp regarding offers.”

Platforms like MakeForms that are used to create the most compliant forms, give you suggestions to keep consent unchecked, in case you forget! 

3. Link to Privacy Policy

• Must be clearly visible and accessible:
  Include a hyperlink to your privacy policy that users can easily spot, don’t hide it in small fonts or obscure placements.
• Should align with GDPR, CCPA, and other privacy standards:
  Make sure your privacy policy is transparent about data collection, storage, usage, and sharing, in line with major data privacy laws.

Example:
“Read our Privacy Policy to learn how we handle your information.”
 

4. Disclosure of Communication Type (Calls, Texts, Emails)

• Clearly state how you'll contact the user:
  Let users know if they'll receive texts, calls, or emails. The more specific you are, the better!
• Mention use of autodialers or automation:
  If you're using automated technology, that must be disclosed explicitly as well. This is a very common area for TCPA violations, as we saw in the examples above.

Example:
“You may receive emails, phone calls, and SMS from our team using automated systems.”

5. Who Is Contacting the User (Identify the Company and Partners)

• Mention your company’s name:
  Users should know exactly who is reaching out to them. Your company must be named clearly in all communication.
• List partners if multiple businesses will contact the user:
  If lead data is shared with partners or affiliates, each should be named individually, not just referred to vaguely as "partners."

Example:
“You agree to receive communication from ABC Finance and its marketing affiliates listed here.”

6. 1-to-1 Consent for FCC Compliance

The FCC one-to-one consent rule requires:

• Each company must be named:
  If leads are shared with more than one company, each must be explicitly listed to obtain individual consent.
• Avoid vague language like “our partners may contact you”:
  Broad or generic phrasing like this is no longer sufficient. The FCC requires specificity.
• Use checkboxes or a selection list:
  You must allow users to choose which companies they consent to hear from, ideally through checkboxes or a dropdown list.

Example:
☐ I agree to be contacted by:

• ABC Insurance
• XYZ Loans
• DEF Realty

Learn more: FCC One-to-One Consent Rule for TCPA

7. Opt-In Timestamp and Record Keeping

To verify leads and prove consent:

• Store the timestamp:
  You are required to keep a log of the exact date and time when consent was given to prove it was captured at the moment of submission.
• Log the version of TCPA consent language:
  Keeping track of which version of the consent text was displayed so you can match it to the user’s submission also goes hand in hand with this.
• Retain IP address, submission method, and consent history:
  There must be a method to record the user's IP, how the form was submitted, and store a full audit trail of their consent activity for future reference.

Why must all of this be logged? Well, this is critical for compliance audits and dispute resolution. These records serve as a crucial line of defense during compliance audits; they act as irrefutable evidence of adherence to TCPA regulations. In the unfortunate event of a dispute arising, these records can prove instrumental in resolving the matter in your favour!

MakeForms, is one of the most compliant form makers that exists today. It has built in features to store timestamps, log the version of TCPA consent language, retain IP addresses, and consent history. This makes it a very reliable and efficient solution for businesses aiming to maintain TCPA compliance and optimize their lead generation processes.

Common Mistakes to Avoid In Your TCPA Compliant Forms

Even with the best intentions, many businesses unknowingly make missteps that can put them on the wrong side of TCPA compliance. These mistakes often seem minor but can lead to serious legal, financial, and reputational consequences. From hiding important disclosures to overwhelming users with communications, here are some of the most common pitfalls to watch out for when creating TCPA compliant lead capture forms

• Hiding consent language at the bottom of your lead capture form
• Pre-checking the consent box (this invalidates consent)
• Using unclear or generic caller IDs
• Failing to capture or store proof of consent
• Spamming users with too many communications too quickly

The Telephone Consumer Protection Act (TCPA) is continuously updated to enhance consumer protection. For the latest information on these changes, you can refer to this article, What Are the New FCC Lead Generation Rules. 

Build Trust Through Compliance

It’s best to look at TCPA compliant lead forms as a method of respecting your users, building long-term trust, and creating a lead generation process that actually works. Compliance helps by laying the foundation for sustainable growth.
We hope we’ve helped you create an actionable TCPA Compliance checklist to audit your forms and ensure every lead you collect is legally sound and high quality. 
Tools like MakeForms make it very easy to build and manage compliant forms, so you can focus on growing without worry.