TCPA (Telephone Consumer Protection Act)
The TCPA is a US federal law that governs marketing calls and SMS messages. For FE agents, it requires prior express written consent before sending automated marketing texts or making autodialed calls to consumers, with statutory damages of $500 to $1,500 per violation.
TCPA matters for FE agents on the lead-handling side, not the ad-running side. Once you have a lead in your hand, your follow-up phone and SMS practices have to comply.
For Facebook lead-form leads, prior express written consent generally requires the lead form to include explicit opt-in language for marketing calls and texts, separate from the form submission itself. Many FE agents add an opt-in checkbox.
In 2024, the FCC adopted the "1:1 consent rule" requiring consent to be given to a single specific seller (not a list), with explicit identification of who will be calling. Bundled consent across multiple sellers no longer counts.