Mortgage TCPA compliance checklist: A guide to TCPA compliance for the mortgage industry

The Telephone Consumer Protection Act (TCPA) regulates business communications with consumers, including those by mortgage companies, via phone, text, and fax. With the Federal Communications Commission’s (FCC) new 1:1 consent requirements effective from January 27, 2025, mortgage businesses face heightened compliance challenges to mitigate legal risks and penalties.

This blog offers a comprehensive guide to TCPA compliance for the mortgage industry, outlines key regulations for managing mortgage leads, and provides a practical compliance checklist. Additionally, we will discuss how technologies like ActiveProspect’s TrustedForm and LeadConduit can significantly bolster your compliance strategies.

Understanding TCPA compliance for the mortgage industry after the FCC ruling on 1:1 consent

TCPA compliance demands that businesses secure explicit 1:1 consent from consumers before engaging in telemarketing activities, particularly those involving auto-dialers, pre-recorded messages, or text messaging campaigns. The FCC’s updated consent rules reinforce the requirement that this consent must be obtained, documented, and tied specifically to individual marketing campaigns. 

For industries like mortgage lending, where lead generation and third-party data exchanges are prevalent, mortgage TCPA regulations necessitate stringent oversight and record-keeping practices.

Mortgage leads compliance: Key rules for buyers and generators

Compliance with regulations like the TCPA is not just a legal requirement but a critical factor in maintaining trust and credibility. Whether you’re generating leads or purchasing them, ensuring full compliance safeguards your business from legal risks and strengthens your reputation. Below are essential rules and best practices tailored to both mortgage lead buyers and generators.

For mortgage lead buyers:

1. Verify lead sources

Always source leads from reputable and compliant lead generators. Vet partners thoroughly to maintain that they follow TCPA guidelines, particularly regarding consent collection and data handling. Work only with vendors who provide transparency in their processes, including how leads are generated, consent is captured, and data is transferred.

2. Validate and document consent

Demand documented proof of prior express written consent (PEWC) before contacting any leads. This proof should include details such as the date, time, session replay of what the consumer saw, and the method of consent collection, furthering that it meets TCPA requirements. When dealing with comparison platforms or multi-lead sources, confirm that consent was granted for your specific business.

3. Use scrubbing tools to identify known litigants

Reduce your exposure to frivolous lawsuits by cross-referencing leads against known TCPA litigants and high-risk individuals. Employ advanced scrubbing tools to flag and filter out problematic contacts before outreach. Many compliance platforms also offer real-time alerts for potential risks, enabling proactive measures to protect your CRM and business.

For mortgage lead generators:

1. Transparent consent practices

Maintain that all consent requests are clear and conspicuous, explicitly informing consumers about the nature of future communications, including the use of auto-dialers or prerecorded messages. Tailor consent forms to meet the FCC’s updated one-to-one consent rule, clearly identifying all parties authorized to contact the consumer.

2. Maintain robust documentation

Retain consent records for at least five years, as per TCPA guidelines. These records should include consumer signatures, timestamps, and the consent language agreed upon. Implement systems to track and retrieve consent records quickly in case of audits or legal inquiries.

3. Also regularly scrub lead lists

Similar to lead buyers, lead generators must also frequently scrub their lists against the National DNC Registry and other compliance databases. This is non-negotiable. All generated leads must be filtered for validity, accuracy, and compliance with consumer preferences. Use tools that flag expired or invalid consent, keeping all leads up to the highest regulatory standards.

Mortgage TCPA compliance checklist

To help mortgage businesses navigate the complexities of TCPA regulations, here’s an updated and comprehensive compliance checklist. Adhering to these best practices is essential for avoiding costly litigation and maintaining consumer trust.

1. Verify disclosure language

Clear and unambiguous disclosure language helps consumers understand the terms of consent and the nature of communications they are agreeing to receive.

Best practices:

• Clarity in consent language: Keep all disclosure language clear and maintain that it explicitly states the type of communications (e.g., auto-dialed calls, pre-recorded messages, text messages) and identifies the specific advertiser.
• Review and update regularly: Regularly audit and update consent forms and disclosures to align with the latest TCPA requirements.
• Leverage compliance tools: Use tools to confirm that the consent language displayed on your web forms aligns with TCPA regulations.
• Transparency: Place disclosures prominently above the consent button and ensure they are easy for consumers to read and understand.

2. Maintain one-to-one consent

The FCC’s updated TCPA guidelines require one-to-one consent, meaning consent must be individually obtained and explicitly granted for each business contacting the consumer.

Best practices:

• Consent for each outreach: Consent cannot be generalized or blanket; it must be tied to the specific purpose and advertiser.
• Verification tools: Use compliance software tools to verify that one-to-one consent is captured and recorded accurately for every lead event.
• Logical and topical alignment: Communications must be logically and topically related to the interaction that prompted the consent.

3. Document and store proof of consent

Detailed and accurate documentation of consent is essential for defending against potential mortgage TCPA claims and audits.

Best practices:

• Timestamp records: Record key details of consent, including the time, date, IP address, and landing page where consent was obtained.
• Secure archival: Use tools like compliance storage tools to securely store and organize consent documentation for up to five years, as required by TCPA regulations.
• Cross-verification: Regularly audit stored consent records to keep compliance consistency across all leads.
• Accessible records: Consent records should be easily retrievable in case of legal disputes or regulator inquiries.

4. Protect your CRM

Maintaining a compliant and secure customer relationship management (CRM) system is essential to safeguard your marketing efforts from legal and operational risks.

Best practices:

• Integrate compliance tools: Integrating compliance tools into your CRM can automatically filter out high-risk leads and help validate consent in real time.
• Automate scrubbing: Automating this process minimizes risks and prevents any non-compliant leads from infiltrating your CRM
• Implement audit trails: Use your CRM to maintain detailed logs of all lead activities, including updates to consent status, scrubbing actions, opt-out requests, and compliance checks.
• Continuous monitoring: Regularly update CRM protocols and train staff to identify potential risks and maintain compliance.

How TrustedForm and LeadConduit enhance mortgage TCPA compliance

Navigating mortgage TCPA compliance is a challenge for mortgage businesses, but ActiveProspect’s suite of tools simplifies the process by automating key compliance activities. With tools like TrustedForm and LeadConduit, businesses can enhance their lead quality, reduce legal risks, and scale with confidence. Here’s how these tools empower compliance:

1. TrustedForm Retain

What it does: Securely stores consent records, offering timestamped, auditable proof of consent for up to five years.

Why it matters: Helps meet TCPA documentation requirements and protects businesses during audits or litigation.

Key features:

• Long-term storage for lead certificates.
• Masking tools to secure sensitive data and boost lead value.
• Instant access to proof of consent with Certificate URLs, helping rapidly resolve disputes.

2. TrustedForm Verify

What it does: Confirms that consent disclosures were properly displayed and acknowledged by the consumer during lead submission.

Why it matters: Verifies that consent is one-to-one, meeting the FCC’s updated standards.

Key features:

• Real-time verification of consent language.
• Automatic checks for TCPA compliance before leads are distributed.
• Streamlined workflows for approving or rejecting non-compliant leads.

3. LeadConduit

What it does:
Captures, enhances, and distributes leads, in real time, while filtering out non-compliant, invalid, or duplicate entries to ensure only high-quality leads enter your CRM or sales funnel.

Why it matters:
Improves lead quality, compliance, and ROI by automating lead processing, reducing wasted resources on low-quality or high-risk leads, and ensuring compliance with TCPA and other regulations.

Key features:

• Real-time lead processing instantly enhances and evaluates leads against customizable rules and criteria.
• Lead filtering and validation blocks invalid, duplicate, or non-compliant leads to protect your CRM.
• Custom workflows enable tailored routing and prioritization of leads to the right systems or teams.
• Compliance integrations with tools like TrustedForm to bolster TCPA compliance, including one-to-one consent verification.
• Connects with over 100 systems, including CRMs and marketing platforms, for smooth lead distribution.

Final thoughts

Managing TCPA compliance doesn’t have to be overwhelming. With ActiveProspect’s industry-leading tools, your mortgage business can streamline compliance processes, protect your reputation, and thrive in a competitive market.

With over 2.5 billion leads certified annually and 576 million certificates stored, ActiveProspect is the industry leader in compliance and consent-based marketing. Transform your lead generation strategy today with tools that offer unmatched transparency, efficiency, and protection.

Take the first step toward confident, compliant growth in the mortgage industry.

Explore our financial Industry solutions today.