The TCPA Consent Form That Holds Up: What to Include and What to Skip

FCC 23-107, effective January 27, 2025, fundamentally changed what constitutes valid TCPA consent for marketing calls and texts to mobile numbers. The one-to-one consent requirement means a lead form distributing consent to multiple insurance agents at once no longer produces valid prior express written consent for any ATDS campaign.

If your consent infrastructure has not been updated, you may be running campaigns you believe are consented that are not under current rules.

What Changed Under FCC 23-107

Before January 27, 2025, a lead form could say "by submitting this form you consent to be contacted by our partners about insurance products" and that single opt-in could satisfy TCPA consent for dozens of agents. The one-to-one requirement eliminates this. Each consent must now specifically name the company that will contact the consumer, and consent cannot be bundled as a condition of receiving an unrelated service.

The Seven Required Elements

1. Clear Identity of the Caller: The form must specifically name your agency — not a parent company, not a brand network. The name must match the caller ID your outbound calls display.
2. Specific Communication Methods: Identify whether consent covers calls, texts, or both, and whether it covers ATDS-generated communications or prerecorded messages. Generic "be contacted" language is insufficient.
3. The Phone Number Being Consented: Reference the specific number provided on the form. Standard: "at the telephone number you have provided, including mobile numbers."
4. Revocation Notice: Consumers must be told they can revoke consent. Standard: "You may opt out at any time by replying STOP to any text message or by calling [your number]."
5. Not Conditioned on Purchase: The form must make clear consent is optional: "Consent is not required as a condition of purchasing insurance." This must appear adjacent to the consent checkbox.
6. Message and Data Rate Disclosure: For SMS consent: "Message and data rates may apply." Required carrier disclosure for any opt-in that may result in text messages.
7. Active Affirmation: Consent must be actively given — not a pre-checked box. An unchecked opt-in checkbox that the consumer must actively check is the minimum standard.

What to Remove from Legacy Forms

Storing and Producing Consent Records

Under FCC 23-107, consent records must be producible on demand for any number you contact. The record must show: which form generated the consent, the timestamp, the IP address of submission, and the phone number consented. Your CRM must store this at the record level — not just a summary report that you ran a consented campaign.

References

1. Federal Communications Commission. (2024). FCC 23-107. One-to-one consent requirement. Effective January 27, 2025.
2. 47 C.F.R. 64.1200(f)(9). Definition of prior express written consent.
3. FTC v. Dish Network, LLC, 75 F. Supp. 3d 942 (C.D. Ill. 2014). Pre-checked consent box invalidation.