Consent Disclosure
Consent disclosure is the explicit, written language presented to a lead at data collection (typically on application forms) that authorizes specific uses of their information — including being called, texted, marketed to, and shared with funder networks for offer evaluation.
Why This Matters
Consent disclosures are the legal foundation for downstream calling, sharing, and marketing activity. Strong consent language is specific (names channels: phone, SMS, email), specific (names parties: this company and its lending partners), opt-in (checkbox required, not pre-checked), and durable (maintained as record with timestamp, IP, and disclosure version). Weak or missing disclosures convert into TCPA, FCRA, and consumer protection violations downstream. Lead vendors should provide consent documentation for every record sold; lead buyers should audit these claims before scaling spend.
Frequently Asked Questions
Frequently Asked Questions
What should TCPA consent disclosure language include?
Explicit reference to autodialed calls and pre-recorded messages, identification of specific calling parties (or 'partners'), acknowledgment that consent is not required to make a purchase, opt-in checkbox (cannot be pre-checked), and clear contact information for opt-out. Lawyers should draft and periodically update.
Can I share leads across MCA funders if consent allows?
Yes if the original consent disclosure included explicit language authorizing sharing with 'lending partners' or similar. Consent that names only the original collecting party doesn't authorize downstream sharing, even within typical aggregator workflows.