Final Expense Marketing compliance: consent records and your calling duties

Every campaign build includes consent capture on the landing page, using TrustedForm or Jornaya. For exclusive leads built for one buyer’s states, the funnel, consent capture, targeting and routing are configured before a single lead exists.

We keep source, timestamp, landing page and consent records. A lead whose consent record cannot be produced where one is required is replaced or credited under our replacement and credit rules.

The certificate commitment covers campaign builds. Aged final expense segments were captured before you ordered them, so check whose name their consent text carries before you dial.

Rules below are as published on October 14, 2026; this page is not legal advice.

A consent certificate is evidence of a web session, not a legal verdict. ActiveProspect lists what a TrustedForm certificate holds: “the landing page URL, timestamp, and a replay of the consent event.”

Run every source, this one included, through a vendor-vetting checklist for certificates and credit terms.

The Telephone Consumer Protection Act (TCPA, 47 U.S.C. §227) and the FCC’s rules at 47 CFR 64.1200 set the federal floor. Those rules name the business a call is made for the seller: “the person or entity on whose behalf a telephone call or message is initiated” to encourage a purchase. When you call a lead to sell final expense coverage, the seller is you.

Prior express written consent is a signed agreement (an electronic signature counts) that “clearly authorizes the seller” to send that telemarketing, names the phone number, and discloses that signing authorizes those calls and is not a condition of purchase (64.1200(f)(9)).

Today’s written-consent definition is the one that came before the FCC’s 2023 one-to-one rule, which never took effect.

1. 2023: the FCC adopted a rule under which a consumer could authorize “no more than one identified seller” at a time, for calls “logically and topically associated with the interaction that prompted the consent.”
2. January 24, 2025: the FCC postponed the rule’s effective date (DA 25-90). The same day, in Insurance Marketing Coalition v. FCC, the Eleventh Circuit held that the FCC “exceeded its statutory authority” and vacated that part of the order.
3. April 30, 2025: the court’s mandate issued.
4. August 29, 2025: the FCC’s order reinstating the prior definition took effect (DA 25-621; 90 FR 42137).

Written consent must still be an agreement that “clearly authorizes the seller”, and without a business relationship, a sales call to a number listed on the Do Not Call Registry still takes a signed agreement in which the consumer “agrees to be contacted by this seller” (64.1200(c)(2)(ii)). Limiting consent to one seller is now a buyer-protection practice, not a federal rule. Ask whose name the consent text carries.

Status of each rule on October 14, 2026:

When a third party keeps the do-not-call records, “the person or entity on whose behalf the call is made will be liable” for failures to honor them.

Four states, checked against statute text, in the called person’s local time:

Florida, Oklahoma and Maryland also require written consent for unsolicited sales calls (Florida) or sales calls (Oklahoma, Maryland) that involve an automated system for the “selection and dialing” (Florida) or “selection or dialing” (Oklahoma, Maryland) of telephone numbers, wording that differs from the federal autodialer test of a “random or sequential number generator” (64.1200(f)(2)).

One schedule satisfies every row: 8 a.m. to 8 p.m. in the called person’s time zone, at most three attempts in 24 hours on the same subject. This is not a 50-state survey, and even for these four states it leaves out rules such as state do-not-call lists, so check the hours, caps and lists in every state you call.

Each line below was checked against its source on October 14, 2026; the list is not exhaustive. The federal calling window is in the TCPA basics table, and state windows, caps and dialing-consent wording are in the state section above.

• Written consent (64.1200(f)(9)): when a call needs it (telemarketing autodialed to a cell phone, or using a prerecorded or AI voice), a landing-page consent clause and the form that carries it have to supply each element of the definition.
• Soundboard and AI voices: soundboard calls that open with recorded clips are prerecorded-voice calls even when a live agent controls the clips (DA 20-1507, an FCC bureau ruling of December 2020), and AI-generated voices are artificial voices (FCC 24-17, February 2024).
• Ringless voicemail (FCC 22-85, November 2022): a ringless message to a cell phone is a call made with a prerecorded voice, so a drop campaign on purchased leads needs written consent that authorizes you as the seller.
• Texts (64.1200(e)): the calling-hour, registry and company-list rules reach telemarketing texts to cell phones, so a sales text to a final expense lead keeps the same hours and lists as a sales call.
• Do-not-call lists (64.1200(c)(2)(i)): beyond the 31-day copy, the registry safe harbor asks, among other steps, for registry access you bought yourself, with no shared cost, even when a vendor runs the scrub against each list.
• Stop requests (64.1200(a)(10)): the ten-business-day limit in the revocation table runs from receipt of each stop request.
• Telemarketing Sales Rule (16 CFR 310): FTC staff guidance ties the rule’s reach into insurance calls to how far state law regulates insurance telemarketing; where it applies, sellers and telemarketers keep call records for five years (310.5).
• Damages (47 U.S.C. §227(b)(3)): statutory damages run per violation, so what one unlawful call can cost multiplies across a campaign.

Buying leads, appointments or final expense live transfers does not move your calling exposure to the vendor. In its 2013 DISH ruling, the FCC said a seller “may be held vicariously liable under federal common law agency principles for a TCPA violation by a third-party telemarketer.” These duties stay with you:

1. Match the dial to the consent. Autodialed calls and texts and prerecorded or AI voices need written consent that clearly authorizes you; otherwise call live and dial by hand.
2. Scrub before you call, against a registry copy no more than 31 days old and your own do-not-call list.
3. Keep the stricter clock: federal and state windows and call caps.
4. Honor every stop within ten business days, by any reasonable method the consumer uses, and keep do-not-call requests for five years.
5. Identify yourself on every telemarketing call: your name, the business you call for, and a phone number or address.
6. Check older numbers in the Reassigned Numbers Database; its safe harbor covers a caller who held consent, queried it and got a wrong “no” (64.1200(m)).
7. Record only with consent where the law requires it. California Penal Code §632 bars recording a confidential communication unless every party to it consents.

We document consent and source; your dialing method, calling hours, do-not-call list and scripts remain your responsibility.