TCPA
The Telephone Consumer Protection Act (TCPA) is a federal law that restricts how businesses can contact consumers via phone, text, and pre-recorded messages. For lead-generation lending sites, TCPA requires consumers to provide express written consent before being contacted by lenders, and the consent must specifically authorize automated dialing systems and text messages.
TCPA was passed in 1991 and has been updated repeatedly to address text messages, robocalls, and other modern contact methods. It’s one of the most-litigated consumer protection laws: TCPA class actions are common, and statutory damages can reach $500-$1,500 per violation.
What TCPA requires for lending leads
When you submit your information through a lender lead form, the form must include explicit TCPA consent language that:
- Specifies you authorize contact at the phone number provided
- Includes the use of automated telephone dialing systems (ATDS)
- Includes pre-recorded or artificial voice messages
- Includes SMS/text messages
- States that consent is not required as a condition of any purchase
- Makes clear you can revoke consent at any time
The consent has to be a separate, opt-in checkbox: not pre-checked, not bundled into terms-of-service acceptance. Defective TCPA consent is one of the main legal risks for lead-generation businesses.
Why this matters for borrowers
When you submit your information to a lender match service:
- You’re consenting to be contacted by the lenders that purchase or are matched with your lead
- The contact can include calls, texts, and emails
- You can revoke consent at any time (typically by replying STOP to texts or asking to be removed from call lists)
- Lenders that contact you outside the consent terms are violating federal law and can be sued
The consent language on legitimate lead-gen sites is usually clear and specific. If you can’t find a TCPA consent box, or if it’s pre-checked or buried in fine print, the site may not be following the law.