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Traffic & Compliance

TCPA basics for call affiliates: what you can and can't do

The TCPA (Telephone Consumer Protection Act) is the US federal law that controls how businesses may call and text consumers. If you run outbound calls, live transfers, SMS or callbacks for a Marketcall offer, it applies to you, and breaking it is expensive.

This guide covers the rules that matter most for pay-per-call affiliates, shows what valid consent looks like, and goes through real-life examples of what is and isn't allowed.

A TCPA violation means an account ban, even the first time. This is part of our Sanctions. On top of that, consumers can sue you directly, and advertisers can refuse every call that came from non-compliant traffic.

This is a practical summary, not legal advice. Some offers have stricter rules than the law, so always check the offer page. If you're unsure whether your traffic is compliant, ask your affiliate manager before you launch, or speak to a TCPA lawyer.

Does the TCPA apply to my traffic?

The TCPA is mainly about calls and texts that you start. When a consumer sees your ad and dials the number themselves, the TCPA is not the main risk. The moment you or your call center reach out to the consumer, it applies in full.

Lower risk

Inbound calls from ads. Search, social, display, YouTube, GMB: the consumer sees your number and calls it. You still need approved creatives and honest ads, but you aren't placing the call.

Consent required

Callbacks and live transfers. A consumer fills in a form and your agent calls them back, then transfers the call to the offer. You need consent captured on that form.

Highest risk

Texts, autodialers, robocalls, AI voices and ringless voicemail. All of these count as calls under the TCPA and need prior express written consent before the first message.

The core rules

Get consent before you call or textMarketing calls and texts made with an autodialer, a prerecorded message or an artificial (including AI-generated) voice need the consumer's prior express written consent. Without it, don't call.
Respect Do Not Call listsDon't make telemarketing calls to numbers on the National Do Not Call Registry unless you have the consumer's written consent. Scrub your lists against the registry at least every 31 days, and keep your own internal do-not-call list.
Call only between 8 a.m. and 9 p.m.That's the consumer's local time, not yours. Use the consumer's ZIP code to work out the time zone. Area codes are unreliable because people keep their numbers when they move.
Say who you are and show a real caller IDYour agent must give their name and the name of the company the call is for. The caller ID must show a real number the consumer can call back. Spoofed numbers are illegal.
Honor opt-outs quickly"STOP", "don't call me again" or any other reasonable way of saying no is an opt-out. Stop calling and texting that number right away. FCC rules give you no more than 10 business days.

States can be stricter. Several states have their own "mini-TCPA" laws. Florida, for example, allows sales calls only from 8 a.m. to 8 p.m. and no more than 3 calls in 24 hours on the same subject. If you call into a state with its own rules, follow the stricter one.

Consent is valid only if the consumer clearly agreed, in writing, to be called or texted by a named company at the phone number they gave you. A signature can be electronic, so a checkbox or a button click counts as long as the wording next to it is clear.

Example: a compliant opt-in form
Jane Smith
(555) 010-2030
Get my quote
  • Names the seller. The company that will call is named, so it isn't hidden behind a "partners" link.
  • Covers the method. Calls, texts and automated or prerecorded messages are mentioned explicitly.
  • Not forced. It says consent is not a condition of purchase.
  • Easy to see. The text sits right above the button in a readable size, not in grey fine print.
  • Explains how to stop. It tells the consumer they can reply STOP.

These are the most common ways consent goes wrong:

✅ Good❌ Bad
One or a few sellers named right next to the button"You agree to be contacted by our marketing partners" with a link to a list of hundreds of companies
Consent text above the submit button, in normal sizeConsent hidden in the Terms of Service or in tiny grey text
Separate, unticked checkbox, or button text that clearly says what you're agreeing toA pre-ticked checkbox
Consent collected on your own landing page for this offerAn old or purchased lead list where you can't prove who agreed to what
Phone number typed in by the consumerA number appended or "enriched" from another source

About "one-to-one consent". In 2023 the FCC adopted a rule that would have required consent to name just one seller per form. A federal court struck it down in January 2025, so it is not in force. Many advertisers still accept only one-to-one consent, though, so check the offer before you build a form that lists several sellers.

Keep proof of every consent

If a consumer complains, you need to show exactly what they agreed to and when. Store these for every lead, for at least 4 years, which is how long consumers have to bring a TCPA claim:

Date and timeWhen the form was submitted
Page and IPLanding page URL and the consumer's IP address
Exact wordingThe consent text they saw, including its version
CertificateA Jornaya LeadiD or TrustedForm certificate

A third-party certificate is the strongest proof because it records the session independently. See What is Jornaya Lead ID or Trusted Form ID?

Examples: allowed or not?

Allowed

A consumer clicks your Google ad and calls the number. They started the call, so there is no outbound call for the TCPA to cover. Your ad still has to be approved and match the offer.

Allowed

A consumer fills in your form at 2 p.m. with clear consent naming the seller. Your agent calls 10 minutes later and transfers the call. You have written consent, you're calling within hours, and you can prove it.

Not allowed

You buy an aged lead list and call it with an AI voice bot. Those consumers never agreed to calls from you or this seller, and the FCC treats AI-generated voices as "artificial voice", which needs written consent.

Not allowed

You text a lead at 9:30 p.m. in their time zone. Texts count as calls, and 9:30 p.m. is outside the 8 a.m. to 9 p.m. window, even if it's only 6:30 p.m. where you are.

Not allowed

A consumer says "stop calling me", but your dialer calls them again next week. The opt-out applies right away, whatever system you use.

Not allowed

A consumer already had a billable call through you, and you call them again to get a second one. This breaks our promotion guidelines, even if you have consent.

Risky

Your form says "I agree to be contacted by Acme and its partners". "Partners" doesn't name anyone. Consent is valid only for the companies that are clearly named.

Not allowed

Your call center shows a random local number as caller ID that doesn't belong to you. That's spoofing. The caller ID must be a real number the consumer can call back.

What's at stake

$500per call or text that breaks the rules
Up to $1,500per call or text if the violation was knowing or willful
Class actionsOne lawsuit can cover every consumer you called
Account banOn Marketcall, from the first violation

The numbers add up fast. Calling 1,000 consumers without valid consent can mean $500,000 or more in damages, and there's no upper limit.

Not sure your setup is compliant? Send your landing page and consent text to your affiliate manager before you start. For social and live-transfer traffic we also ask for your call center location, an example of the data you use and the opt-in URL. Checking first is much cheaper than a refused campaign.

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