TCPA consent requirements
The Telephone Consumer Protection Act draws a hard line between manually dialed calls and auto-dialed or pre-recorded calls. For auto-dialed or pre-recorded calls to cell phones, prior express written consent is required — meaning a signed or electronically signed agreement that specifically authorizes autodialed calls from the entity contacting the consumer, for the purpose described. Oral consent is not sufficient for this category. For manually dialed calls to cell phones, prior express consent applies, which can be given orally. Landline calls have separate rules. What matters practically: the consent documentation must match the dialing method and the call purpose. A consumer who consented to be contacted about solar cannot be dialed under a Medicare campaign on that same consent record. Centers must maintain consent documentation, be able to produce it on request, and suppress consumers who withdraw consent immediately.
DNC list compliance
The National Do Not Call Registry requires telemarketers to scrub their contact lists against the registry at least every 31 days. Calling a number on the registry is a per-call violation with significant civil penalties. Beyond the federal registry, many states maintain their own DNC lists with separate registration and scrubbing requirements — some with shorter scrub intervals. There are also internal DNC obligations: consumers who ask not to be called again must be added to the center's internal DNC list immediately, and that list must be honored for all future outbound contact regardless of campaign. Platform-level campaigns add a further layer: do-not-contact records identified during a campaign are shared with the buyer and cannot be re-contacted under that buyer's campaigns.
Required disclosures and script compliance
Campaign scripts are not suggestions. For regulated verticals — Medicare, final expense, ACA, DME — the disclosure language in the script reflects specific regulatory requirements. Medicare campaigns require identification of the caller and organization and a clear statement of non-affiliation with the government or Medicare program. ACA campaigns have CMS disclosure requirements for Marketplace-related outreach. Final expense campaigns cannot imply government sponsorship. Agents who deviate from required disclosure language, even informally to soften a call, create a compliance exposure for both the center and the buyer. When a script element seems unnecessary, the reason for it is almost always a regulatory requirement rather than buyer preference.
Call recording obligations and consequences of non-compliance
Recording requirements vary by state. Federal law requires one-party consent for recording — meaning the party recording the call (the center) does not need the consumer's consent. However, roughly a dozen states require all-party consent, meaning the consumer must be informed the call is being recorded. California, Illinois, Florida, and Washington are among the most significant all-party consent states for dialing volume. Centers must configure their recording disclosures for all-party consent states and cannot opt out of recording in those states as a workaround — the recording is required for dispute resolution. Non-compliance consequences on the campaign side include rejection of all disputed contacts without recourse, suspension from the campaign, and removal from the platform for repeat violations. The broader regulatory consequences — FCC and FTC enforcement, state attorney general investigations, and class action exposure under TCPA — are separate from and more serious than platform-level consequences.