MutualCall Is A Premium Pay Per Call Affiliate Network

Every affiliate marketer needs essential TCPA knowledge to protect their campaigns and partnerships. This guide covers your legal obligations, explains the difference between express written consent and prior express consent, shows how to properly document consumer consent, and helps you avoid common TCPA pitfalls that could jeopardize your affiliate marketing business.

TCPA Basics for Affiliates

As an affiliate marketer, you're responsible for TCPA compliance even when promoting other companies' offers. The TCPA applies to anyone involved in making or facilitating marketing calls, including affiliates who generate leads. Understanding your liability and responsibilities is crucial for protecting your business and maintaining profitable partnerships with advertisers.

Affiliate Liability Reality Check

You ARE Liable If:

• You generate leads without proper consent
• Your opt-in forms are misleading or unclear
• You fail to document consent properly
• You don't honor opt-out requests

Shared Liability Scenarios:

• Both affiliate and advertiser can be sued
• Damages can be joint and several
• Legal costs affect all parties

Consent Types and Requirements

TCPA recognizes different types of consent with varying requirements. Prior express consent allows calls for non-marketing purposes, while prior express written consent is required for marketing calls to cell phones using automated systems. As an affiliate, ensure your lead generation methods obtain the appropriate level of consent for your advertisers' calling practices.

Prior Express Consent: Verbal or written agreement for non-marketing calls (customer service, account updates)
Prior Express Written Consent: Required for marketing calls to cell phones using automated systems
Opt-in Language Requirements: Must clearly describe what the consumer is consenting to receive
Signature Requirements: Electronic or physical signature required for written consent
Disclosure Obligations: Must inform consumers about call frequency, costs, and opt-out methods
Consent Scope Limitations: Consent is specific to the entity and purpose described in the opt-in

💡 Pro Tip

The strategies outlined in this article are based on industry best practices and proven results. Implement them systematically for maximum impact on your campaigns.

Documentation and Record Keeping

Proper documentation protects both you and your advertising partners. Maintain detailed records of how consent was obtained, including opt-in forms, timestamps, and IP addresses. Share this documentation with advertisers and ensure they understand the consent level for each lead. Clear documentation can be the difference between a successful defense and costly TCPA violations.

Affiliate Documentation Framework

Lead Data Collection

Unique Lead ID & Timestamp

Phone Number & Consent Text

IP Address & User Agent

Source URL & UTM Parameters

Compliance Tracking

TCPA CompliantVerified

Cell Phone ConsentObtained

Autodialer ConsentExplicit

DNC ScrubbedClean

Documentation Retention Policy

Maintain all lead documentation for minimum 4 years. Store securely with encrypted backups and audit trails.

Common Pitfalls and Protection Strategies

Avoid common TCPA mistakes like pre-checked opt-in boxes, unclear consent language, or failing to honor opt-out requests. Work only with reputable advertisers who maintain TCPA compliance, and regularly review your lead generation methods for compliance issues. Consider TCPA insurance and legal consultation to protect your affiliate marketing business from potential violations.

Common Pitfalls

✗ Pre-checked opt-in boxes
✗ Vague consent language
✗ Missing opt-out mechanisms
✗ Inadequate record keeping
✗ Sharing leads without consent transfer

Protection Strategies

✓ TCPA liability insurance
✓ Legal compliance reviews
✓ Advertiser vetting process
✓ Regular compliance audits
✓ Clear affiliate agreements

What Every Affiliate Marketer Should Know About TCPA Rules