TCPA rules for buying mortgage leads in 2026

To call or text a mortgage lead with an autodialer or a prerecorded voice, you need the homeowner's prior express written consent, and it has to authorize your company. The one-to-one rule never took effect, and the revocation rules change on November 25, 2026. Status as of October 27, 2026, from primary sources.

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Updated

Status on October 27, 2026

Written consent
Required for autodialed or prerecorded telemarketing to cell phones
One-to-one rule
Vacated January 24, 2025. Never took effect.
Revocation
Any reasonable method, honored within 10 business days
November 25, 2026
Callers may designate an exclusive opt-out method
Not legal advice
Confirm with your own counsel

What does the TCPA require before you call or text a mortgage lead?

47 CFR 64.1200(a)(2) and (f)(9).

Prior express written consent, before any telemarketing call or text to a cell phone made with an autodialer or an artificial or prerecorded voice. The FCC treats texts as calls. Under (f)(9), the consent is a written agreement that:

  • bears the signature of the person called (an electronic signature counts where the law recognizes it),
  • clearly authorizes the seller to deliver that telemarketing,
  • includes the phone number it covers, and
  • clearly discloses that the person does not have to sign as a condition of buying anything.

The seller is the company the call is made for. For a purchased lead, that is you, not the company that ran the form. Consumers can sue for actual losses or $500 per violation, and a court may triple that for willful or knowing violations (47 U.S.C. 227(b)(3)).

What do the Do Not Call and calling-hours rules require?

These apply even to hand-dialed sales calls.

National Do Not Call Registry
No telephone solicitation to a registered number (64.1200(c)(2)), using a registry copy no more than 31 days old. A registered number may be called with a signed, written agreement to be contacted by this seller at that number. Texts are covered too.
Internal do-not-call list
A written policy, trained staff, requests recorded when made, honored within ten business days, and kept for five years (64.1200(d)).
Calling hours
Telephone solicitations only from 8 a.m. to 9 p.m., the called party's local time (64.1200(c)(1)).

Say a homeowner with a Florida area code submits at 8:30 p.m. local time. The federal window runs to 9 p.m., but Florida's 8 p.m. limit means the sales call waits until 8 a.m. Set speed to lead rules by the stricter clock.

What happened to the FCC one-to-one consent rule?

Insurance Marketing Coalition v. FCC, No. 24-10277 (11th Cir.).

It was vacated before it took effect, and the earlier consent definition is in force. The rule would have limited consent to one seller at a time, and to calls "logically and topically associated with the interaction that prompted the consent." The court held that both limits conflict with the ordinary meaning of "prior express consent" and exceed the FCC's authority.

December 13, 2023
FCC adopts the rule (FCC 23-107), with the consent change set for January 27, 2025.
January 24, 2025
The FCC postpones the effective date (DA 25-90). The same day, the Eleventh Circuit vacates the rule.
April 30, 2025
The court's mandate issues, and the vacatur takes effect.
July 14, 2025
An FCC Bureau order (DA 25-621) repeals the revised rule and reinstates the prior definition, effective on publication, August 29, 2025 (90 FR 42137).
October 27, 2026
We found no FCC proposal in the Federal Register to bring the rule back.

Federal law now has no one-seller-per-consent rule. In June 2025 the Supreme Court held in McLaughlin Chiropractic v. McKesson that district courts are not bound by the FCC's reading of the statute, so whether a given consent holds up, including one that links to a company list, is decided case by case. How many companies share a consent is covered in exclusive vs shared leads.

What are the FCC revocation-of-consent rules in 2026?

64.1200(a)(10) and (a)(11), and the order effective November 25, 2026.

Today a homeowner can revoke consent by any reasonable method, and you must honor it within ten business days. Replying "stop," "quit," "end," "revoke," "opt out," "cancel" or "unsubscribe," using an automated opt-out, or using your opt-out website or number counts per se. Until November 25, 2026, callers may not name an exclusive method.

February 16, 2024
FCC releases the TCPA Consent Order (FCC 24-24).
April 7, 2025
A waiver delays the "revoke all" part, under which an opt-out from one type of message stops all robocalls and robotexts from that caller, to April 11, 2026.
April 11, 2025
The rest takes effect, including the ten-business-day limit (89 FR 82518).
January 6, 2026
The revoke-all waiver is extended to January 31, 2027 (DA 26-12).
October 26, 2026
FCC 26-67 is published (91 FR 67214, rule text at 67219), effective November 25, 2026. It rewrites 64.1200(a)(10) to (a)(12) and replaces the delayed revoke-all part. A further notice asks whether to shorten the ten days, require a revoke-all method, and how opt-outs apply to affiliates. Comments close November 25, replies December 28, 2026.

From November 25, 2026:

  • Callers may designate an automated opt-out on calls, a reply with one of the seven words, or their own website or number as the exclusive method, disclosed clearly on each call or text.
  • Callers that designate nothing keep honoring any reasonable method.
  • An opt-out from a telemarketing call or text ends all telemarketing from that caller.
  • The ten-business-day limit stays.

Say a homeowner replies STOP on Monday, November 30, 2026. Ten business days later, the outer limit, is Monday, December 14.

How do the Florida and Oklahoma mini-TCPA laws differ?

Both add consent, hours and call-count rules, and a right to sue.

Both require prior express written consent for automated sales calls and texts, allow commercial telephone solicitation calls only from 8 a.m. to 8 p.m. and no more than three in 24 hours on the same subject, and let consumers sue for actual damages or $500, tripled if willful or knowing.

Florida (FTSA)
Fla. Stat. 501.059 covers calls, texts and voicemail that use "an automated system for the selection and dialing of telephone numbers" or a recorded message. Calls made in response to the person's express request are not "unsolicited." Before suing over texts, the consumer must reply STOP and give the sender 15 days. The hours and three-call limit are in 501.616(6), and 501.604 keeps them even for exempt businesses.
Oklahoma (OTSA)
15 O.S. 775C.1 to 775C.6, effective November 1, 2022. It covers "an automated system for the selection or dialing of telephone numbers": "or," where Florida says "and." Exemptions include supervised financial institutions such as banks and credit unions, and Title 6 licensees.

Our Oklahoma summary comes from the enrolled 2022 bill; the codified text could not be opened when this was written, and we found no later amendment. Other states have their own rules, so check every state you call into.

What should a lead buyer demand from a seller?

Proof of consent, and records that last.

  • Consent that authorizes you. It names your company or links to a list that does, shown before submit. Get the exact text.
  • TrustedForm or Jornaya LeadiD on every lead. Third-party session records you can check yourself.
  • Timestamp, IP address and page URL for each consent.
  • Retention in writing. How long each side keeps consent records. Ask counsel how long that should be.
  • Do Not Call and opt-out terms in the contract. Who scrubs which lists, and how opt-outs reach you.

More: buying leads, every lead channel, lead calculator, lead generation companies, real-time vs aged.

How should opt-outs flow between seller and buyer?

Every company that got the lead must hear about it.

  1. The homeowner opts out with the seller

    The seller notifies every company that received the request. Each stops and records it within ten business days.

  2. The homeowner opts out with you

    Stop and record it. Sharing a do-not-call request with anyone but the company the call was for or an affiliate needs the consumer's permission (64.1200(d)(3)). Settle this with counsel.

  3. From November 25, 2026

    Disclose any exclusive opt-out method on every call and text. The order does not address opt-outs sent to the seller, so treat those as binding.

At LenderMatch, each homeowner agrees to be contacted by LenderMatch and up to four participating lenders and partner companies, all named on the partner network page, where your company is listed before any request reaches you. A TrustedForm certificate and a Jornaya LeadiD are captured on every form submission, and both IDs travel in the payload to your CRM. See how requests are generated and a sample lead.

What else do lead buyers ask about the TCPA?

See also the trigger leads ban and the lender FAQ.

What are TCPA compliant mortgage leads?

Leads with prior express written consent that authorizes your company at the number entered, with proof such as a TrustedForm certificate or Jornaya LeadiD. How you call matters too: Do Not Call, hours, state rules and opt-outs.

Is the FCC one-to-one consent rule in effect?

No. The Eleventh Circuit vacated it on January 24, 2025, before it took effect, and the FCC restored the earlier consent definition on August 29, 2025.

How fast do I have to honor an opt-out?

Within a reasonable time, no later than ten business days after receipt. The order effective November 25, 2026 keeps that limit.

Do Florida and Oklahoma rules apply to my calls?

Both statutes presume that a sales call to an in-state area code reaches a person in the state. The presumption can be rebutted.

Which sources is this page based on?

Read on October 27, 2026. This page summarizes the rules and is not legal advice. Confirm how they apply to your program with your own counsel.

More for lenders

Every page in this section, plus the public partner network page borrowers see before they submit.

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