The Telephone Consumer Protection Act (TCPA) is the federal law that limits telemarketing calls and texts. If someone registers their number on the National Do Not Call Registry and a business calls to solicit them without an exception such as prior express consent or an existing relationship, the business can face statutory damages per call. Scrubbing data, honoring opt-outs and keeping records are what protect you.
The basics
- TCPA: federal rules on telemarketing calls, autodialed or prerecorded calls, and texts, enforced by the FCC and through private lawsuits.
- DNC: the National Do Not Call Registry. Telemarketers must scrub against it and keep their own internal do-not-call list.
- Consent: the permission a person gives to be contacted. What kind of consent you need depends on how you call and what you are selling.
What Lead Heroes does before a lead reaches you
Sales data is scrubbed against Do Not Call lists and for TCPA requirements before it is loaded into the dialer. Callers confirm interest on the call. That is how we describe our process, and you should still review your own program terms and records.
What you should do on every call
- Call within the hours allowed in the prospect’s time zone.
- Identify yourself and your agency clearly.
- Stop immediately when someone asks you to, and add them to your internal do-not-call list.
- Keep records of where each lead came from and when.
- Follow carrier and CMS marketing rules for Medicare products on top of the TCPA.
Why records win cases
On the August 4, 2026 episode, Glen and Christian broke down a case where an insurance agency was sued by a serial TCPA plaintiff, did not settle, and pushed back using its call records. The lesson for agents: recorded calls and clean lead records are your best defense. Watch the episode for the details.
This is not legal advice
TCPA rules change through FCC orders and court decisions, and state telemarketing laws add their own requirements. Talk to a qualified attorney about your specific calling practices.