Telephone Consumer Protection Act (TCPA) & Telemarketing Sales Rule (TSR):

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Core FTC Principles Applicable to All Lead Generation
The overarching principle of the FTC Act, specifically Section 5: Unfair or Deceptive Acts or Practices, prohibits "unfair or deceptive acts or practices in or affecting commerce." This applies broadly to advertising, marketing, and lead generation.

Key takeaways for lead generation:

Truthfulness: All claims and representations made during lead generation (e.g., in ads, landing pages, scripts, emails) must be truthful and not misleading.
Substantiation: You must have a reasonable basis for any claims you make about your products or services.
Transparency: Disclose all material terms and conditions. Don't hide crucial information in fine print.
No Unfair Practices: Avoid practices that cause or are likely to cause substantial injury to consumers that consumers cannot reasonably avoid themselves, and that are not outweighed by countervailing benefits.
FTC Regulations for B2C Lead Generation
B2C lead generation is subject to more stringent regulations due to the focus on protecting individual consumers.

CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act):

Applies to: All commercial email messages, including those promoting content on commercial websites. It makes no exception for B2B email, though enforcement often focuses on B2C.
Key Requirements:
No false or misleading header information: "From," "To," "Reply-To" must be accurate.
No deceptive subject lines: Must accurately reflect the content.
Identify the message as an ad: Clear and conspicuous disclosure.
Include your valid physical postal address: Must be present in the email.
Provide an easy way to opt-out: Clear and conspicuous unsubscribe mechanism. This opt-out must be honored within 10 business days.
Monitor what others are doing on your behalf: If you hire a third party for email marketing, you're still responsible for their compliance.
Lead Generation Impact: When collecting emails for future marketing, ensure the opt-in process is transparent, and all subsequent emails comply with CAN-SPAM.


Applies to: Telemarketing calls, texts, and faxes to consumers.ghana phone number list The TSR is enforced by the FTC.
Key Requirements (TCPA/TSR relevant to lead gen):
Prior Express Written Consent: Required for most autodialed or prerecorded/AI voice calls and texts to mobile numbers. This consent must be clear, conspicuous, and cannot be buried in terms of service.
"One-to-One, Single Seller" Consent Rule (Effective January 2025): A significant recent change by the FCC (which works with the FTC) that states "prior express written consent" for telemarketing calls must be obtained "directly" from the consumer by a "single specific seller." This means lead generators generally cannot obtain consent on behalf of multiple sellers or transfer consent across affiliates or marketing partners for prerecorded calls. This dramatically impacts lead buyers.
Do Not Call (DNC) Registry: You must scrub your lists against the National Do Not Call Registry (and relevant state DNC lists) before making telemarketing calls.
Caller ID Transmission: Must transmit caller ID information.
Time-of-Day Restrictions: Generally prohibits calls before 8 AM and after 9 PM in the recipient's time zone.
Clear Disclosures: Telemarketers must identify themselves, the business, and the purpose of the call at the outset.
Lead Generation Impact: If you collect phone numbers for telemarketing, ensure you have explicit, documented consent that meets the strict "one-to-one" criteria for autodialed/prerecorded calls. Always scrub against DNC lists for live calls.
Children's Online Privacy Protection Act (COPPA):

Applies to: Operators of websites or online services directed to children under 13, or general audience sites that have actual knowledge they are collecting personal information online from children under 13.
Key Requirements: Requires verifiable parental consent before collecting, using, or disclosing personal information from children under 13.
Lead Generation Impact: If your lead generation efforts could inadvertently target children (e.g., through a general audience platform),