Compliance is not a side topic in pay per call. It is the difference between a business that lasts and one that ends with removed campaigns, unpaid calls, or legal claims. This guide gives publishers a plain-English overview of the rules that most often apply to call generation in the United States and the practical habits that keep your traffic clean.
What the TCPA is
The Telephone Consumer Protection Act (TCPA) is a federal law passed in 1991 and enforced by the Federal Communications Commission (FCC). It restricts certain marketing calls and text messages, particularly those made using automated dialing systems or artificial or prerecorded voices, and calls to numbers on the National Do Not Call Registry.
The TCPA matters to publishers because it allows consumers to sue. Statutory damages are $500 per violation, and courts can increase that to up to $1,500 per violation if the violation was willful or knowing. Because damages are per call or text, exposure can grow quickly, and class actions are common.
Inbound vs. outbound: why it matters
Most pay-per-call traffic is inbound: a consumer sees an ad or a web page and decides to dial the number. The TCPA is mainly concerned with calls and texts made to consumers, so a consumer-initiated call is in a very different position from a marketing call placed to them.
That does not mean inbound traffic is free of rules. Compliance issues still arise when:
- You generate calls through outbound messages, such as texts, prerecorded voice messages, or outbound dialing that asks people to call a number. Those outbound messages are themselves subject to the TCPA and related rules.
- You collect a phone number in a form and someone then calls or texts that person. That is an outbound call, and consent requirements apply.
- Calls are transferred from an outbound call center to a buyer. Transfers inherit the compliance status of the original outbound call.
- The advertising is deceptive, which can violate the FTC Act and state consumer protection laws regardless of who dialed.
Always tell your network exactly how your calls are generated. Campaigns often allow some methods and prohibit others.
Prior express written consent
For telemarketing calls or texts to mobile phones made with an autodialer or an artificial or prerecorded voice, the TCPA generally requires prior express written consent. In practice, that means a clear, signed agreement (electronic signatures count) in which the consumer authorizes a specific seller to contact them at a specific number with marketing messages, with a disclosure that consent is not a condition of purchase.
A few developments are worth knowing:
- In 2024 the FCC confirmed that AI-generated voices count as “artificial” voices under the TCPA, so calls using voice cloning or synthetic speech fall under the same restrictions as prerecorded messages.
- The FCC adopted a “one-to-one consent” rule that would have required consent to be given to one seller at a time, but a federal appeals court vacated that rule in January 2025. Many buyers still prefer narrowly scoped, seller-specific consent as a best practice.
- FCC rules also make clear that consumers can revoke consent through any reasonable means, and revocation requests must be honored promptly.
If your traffic involves any outbound contact, document consent carefully: the exact disclosure language shown, the time stamp, the page URL, the IP address, and, ideally, a session recording or certificate from a consent-verification service.
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Do Not Call and the Telemarketing Sales Rule
The National Do Not Call Registry, run by the Federal Trade Commission (FTC), lets consumers opt out of telemarketing calls. Outbound telemarketing to registered numbers is restricted unless an exemption applies, such as an established business relationship or the consumer’s express written permission. Federal rules also limit telephone solicitations to between 8 a.m. and 9 p.m. in the consumer’s local time.
The FTC’s Telemarketing Sales Rule (TSR) adds requirements on disclosures, misrepresentations, and record keeping. It mostly targets outbound telemarketing, but some inbound calls are covered too, for example certain calls in response to advertisements in specific industries such as debt relief. If you work in financial verticals, read the TSR’s inbound provisions carefully with your counsel.
State telemarketing laws
Several states have their own telemarketing laws, sometimes called “mini-TCPAs,” and some go further than federal rules. Florida and Oklahoma, for example, have state telephone solicitation laws with their own consent rules and private rights of action. Other states maintain their own do-not-call lists or registration requirements for telemarketers.
If your traffic reaches consumers in many states, which is common in pay per call, assume the strictest applicable rules may apply and plan accordingly.
Honest advertising: the rule that covers everyone
Even when a campaign is entirely inbound, your ads and landing pages must be truthful. Practices that commonly cause problems include:
- Implying a connection to a government agency, such as Medicare or Social Security, when there is none.
- Using a well-known brand name to suggest the caller is reaching that company directly.
- Promising specific prices, savings, settlements, or benefit amounts nobody has agreed to.
- Hiding who will answer the call or why the caller is being connected.
- Creating false urgency, such as fake deadlines or invented program closures.
Misleading ads produce short, angry calls that do not qualify. They can also lead to platform bans, removal from campaigns, and regulatory risk.
Vertical-specific rules
Medicare and health insurance
The Centers for Medicare & Medicaid Services (CMS) has detailed rules for marketing Medicare Advantage and Part D plans, including requirements for third-party marketing organizations, such as standardized disclaimers in ads and on calls. Use only creative that the campaign has approved, and never alter required disclaimers.
Legal
Attorney advertising is regulated by state bar rules. Avoid outcome guarantees, compensation figures, and language that could be seen as soliciting clients improperly.
Debt and financial services
Debt relief marketing is subject to TSR provisions and state laws. Avoid claims of guaranteed results, “government programs” that do not exist, and specific savings promises.
Call recording consent
Many campaigns record calls for quality review. Federal law allows recording with one party’s consent, but several states, including California, require all parties to consent. Recorded calls should include a disclosure that the call may be recorded. This is usually handled by the platform or buyer, but confirm it is in place.
Records every publisher should keep
- Copies of every ad and landing page version, with the dates each ran.
- A list of traffic sources for each tracking number.
- Consent records for any traffic involving outbound calls, texts, or form submissions.
- Any approvals you received for creative, sources, or sub-publishers.
- Records of opt-out and revocation requests, and how they were handled.
If a call is ever questioned, these records let you show exactly how it was generated.
A practical compliance checklist
- Disclose your traffic sources accurately in your application and keep them updated.
- Use only approved creative, especially in Medicare, health, legal, and debt.
- Never use autodialed or prerecorded outbound messages without proper consent and campaign approval.
- Do not use sub-publishers or affiliates without telling your network and holding them to the same standards.
- Keep records for every source and every creative change.
- When in doubt, ask before you launch, not after.
How LeadCallsDirect approaches compliance
We ask every publisher to describe their traffic sources honestly and to confirm they follow the TCPA, the TSR, and applicable state laws. We do not accept incentivized, deceptive, or non-consensual traffic. Read our compliance page for our full standards, learn how calls are tracked and reviewed, and see compliant ways to generate inbound calls.
Ready to turn your traffic into paid calls?
Tell us about your verticals, traffic sources, and volume. If there is a fit, we will follow up with campaign terms, tracking numbers, and payout details.
Example payouts mentioned in this article are “up to” rates. Actual rates vary by campaign, geo, call quality, and volume. This article is general information, not legal advice.
