A lead is only valuable if the advertiser can legally contact them. Consent rules decide that, and they vary by channel and country.
Main points
- In the U.S., the TCPA generally requires prior express written consent for marketing calls and texts made with an autodialer or prerecorded voice.
- CAN-SPAM sets rules for commercial email, including honest headers, a working opt-out and a physical address.
- In the EU and UK, data protection and e-privacy laws usually require consent for electronic marketing to individuals.
- Keep records of how and when each lead gave consent.
Every lead comes with a question: can the advertiser contact this person, and how? The answer depends on the channel and where the person lives. This overview covers the basics; it isn’t legal advice.
Calls and texts in the U.S.: the TCPA
The Telephone Consumer Protection Act (TCPA) restricts telemarketing calls and texts. In general:
- marketing calls or texts made with an autodialer or prerecorded voice require the person’s prior express written consent
- consent wording must be clear, and agreeing can’t be a condition of buying
- people on the National Do Not Call Registry shouldn’t receive telemarketing calls without consent
Penalties can be significant, which is why advertisers check consent carefully.
Email in the U.S.: CAN-SPAM
| Requirement | What it means |
|---|---|
| Honest headers and subject lines | No misleading “from” names or subjects |
| Identify it as an ad | Make clear the message is commercial |
| Include a physical address | A valid postal address for the sender |
| Working opt-out | Honor unsubscribe requests within 10 business days |
European and UK contacts
In the EU and UK, data protection law (the GDPR and UK GDPR) and e-privacy rules generally require consent before sending marketing emails or texts to individuals, with limited exceptions. Consent must be freely given, specific and informed, and pre-ticked boxes don’t count.
Pro tip
Show the exact consent wording next to the form’s submit button, name who will contact the person, and save a copy of the wording with each lead.
Compliance alert
Never collect leads with hidden consent, pre-checked boxes or misleading wording. Leads without valid consent can be worthless to advertisers and expose you to legal claims.
Building compliance into your process
Use clear landing pages, keep consent records and follow each offer’s rules on contact methods. When unsure, ask your network or advertiser, and get legal advice for your situation. Our guide to affiliate disclosures covers the other side of compliant promotion.
Frequently asked
Can I reuse leads for other offers?
Only if the person clearly agreed to that. Consent given for one advertiser doesn’t automatically extend to others.
What is a consent record?
A record showing when consent was given, the exact wording shown and how it was collected, such as a timestamped form submission.
Do these rules apply to small affiliates?
Yes. The rules apply to anyone sending marketing messages or collecting leads for them, regardless of size.
This article is general information for marketers, not legal advice. Advertising, privacy and consumer protection rules vary by country and change over time, so check the current rules and your network’s terms, and get legal advice where needed before running campaigns.