COMPLIANCE GUIDE

TCPA and CAN-SPAM for Insurance Agencies

SMS and email automation can grow your book fast, but the wrong consent language can cost you $500 to $1,500 per text. Here is how we keep every Agent Lead Engine client compliant by default.

WHY THIS MATTERS

One Unchecked Box Can Cost You a Lawsuit

Two federal laws govern every automated text and email an insurance agency sends. TCPA covers SMS and automated calls. CAN-SPAM covers commercial email. Violations carry real dollar penalties, carrier shutdowns, and class-action exposure.

$500
Per Unauthorized Text

Standard TCPA fine per violation. Jumps to $1,500 per willful violation.

$50K
Per Email Violation

CAN-SPAM penalties reach $50,120 per non-compliant commercial email.

5 yrs
Consent Record Retention

Keep consent records for at least 5 years after the last communication.

8-9pm
SMS Send Window

Only send SMS between 8 AM and 9 PM in the recipient's local time.

TCPA BASICS

The Rules for Automated Texts and Calls

TCPA applies to any text or call sent using an autodialer or automation platform. That includes GoHighLevel, which every Agent Lead Engine CRM is built on. The core rule is simple: get real, written, documented consent before you send.

What Counts as Consent

  • A web form with clear disclosure and an unchecked box the user checks themselves
  • A paper form signed by the consumer
  • A verbal agreement (harder to prove, avoid relying on this)

What Does NOT Count

  • Pre-checked consent boxes on forms
  • Implied consent from providing a phone number
  • Consent buried in terms of service
  • One-time consent that expired or was withdrawn
COMPLIANT CONSENT LANGUAGE

Copy This Into Every Quote Form

Every landing page that collects a phone number needs this disclosure visible next to the submit button, with an unchecked consent checkbox the user must click.

SMS Consent Disclosure Template

"By submitting this form, you consent to receive automated text messages and calls from [Agency Name] at the phone number provided. Message frequency varies. Message and data rates may apply. Reply STOP to opt out at any time. This consent is not required to receive a quote."

First-Touch SMS Template

"Hi {first_name}, this is [Agency Name]. Thanks for requesting a free insurance quote. A licensed agent will reach out shortly. Reply STOP to opt out."

Every first-touch SMS must identify your business by name and include STOP language. Missing either can get your number flagged by carriers and suspended.

CAN-SPAM BASICS

Email Rules Every Marketing Message Must Follow

CAN-SPAM applies to all commercial emails sent by your agency. Transactional emails (appointment confirmations, receipts) are exempt from marketing rules but should still be professional.

Accurate Header

The "From" name and email must accurately identify your agency. No false or misleading header information.

Honest Subject Line

Subject lines must reflect the actual content of the email. No deceptive bait.

Physical Address

Every commercial email must include a valid physical postal address in the footer.

Working Unsubscribe

Include a clear unsubscribe link. Honor opt-out requests within 10 business days.

Identify Ads

If the message is marketing content, the email must clearly identify itself as an advertisement.

Vendor Responsibility

If a vendor sends emails on your behalf, you are still responsible for compliance.

HOW WE HANDLE IT

Compliance Is Built Into Every Agent Lead Engine Setup

We do not leave compliance to chance. Every new client sub-account ships with these controls active on day one.

01

Consent Language Pre-Loaded

Every funnel form ships with TCPA consent disclosure visible near the submit button and an unchecked consent checkbox by default.

02

Privacy Policy and Terms Linked

Privacy Policy and Terms of Service links are placed on every form page. No buried disclosures.

03

STOP Handling Active

GoHighLevel STOP handling is verified at launch. Any contact who texts STOP is auto-suppressed from every SMS workflow immediately.

04

Send Windows Enforced

SMS workflows are configured to only send between 8 AM and 9 PM in the recipient's local time.

05

Email Footer Standardized

Every email workflow uses your verified "From" name, your business email, your physical address, and a working unsubscribe link.

06

Audit Trail Retained

Every form submission, consent record, opt-out, and message is stored on the contact record in your CRM for the full retention window.

COMPLIANCE CHECKLIST

Verify These 12 Items Before You Send

Use this list to audit any new sub-account, funnel, or workflow.

SMS Compliance

  • Form has consent language visible near submit
  • Consent checkbox is unchecked by default
  • Privacy Policy and Terms links present on form page
  • First-touch SMS includes business name and STOP language
  • STOP handling verified active in phone settings
  • Send window restricted to 8 AM to 9 PM local time

Email Compliance

  • "From Name" set on every email action
  • "From Email" uses a valid business address
  • Physical postal address in the email footer
  • Unsubscribe link present in marketing emails
  • Subject lines match email content
  • Marketing emails identified as advertisements
OPT-OUTS & COMPLAINTS

How to Handle STOP Requests and Complaints

Honoring opt-outs immediately is the single most important compliance habit.

What happens when someone replies STOP to an SMS?

The CRM automatically suppresses that contact from future SMS sends. Verify the suppression on the contact record. Do not add the contact back to any SMS workflow. You can continue sending email (an SMS opt-out does not affect email consent).

What happens when someone clicks unsubscribe on an email?

The CRM automatically removes them from email marketing workflows. Transactional emails like appointment confirmations may still be sent. Never manually re-subscribe a contact.

What if a contact complains directly or threatens legal action?

Acknowledge the complaint right away. Remove the contact from all automated communications. Document the complaint in the CRM notes. Escalate to management if there is any legal threat.

How long should I keep consent records?

At least 5 years after the last communication. Keep the form configuration with the original consent language intact as proof that the contact opted in to that exact disclosure.

Can I text a client who bought a policy 3 years ago?

Only if you still have a valid, documented consent record. If the consent was for a different agency, a different purpose, or has been withdrawn, you need fresh consent before sending marketing SMS.

Worried About Your Current Setup? We Will Audit It.

Book a free call. We will review your forms, SMS workflows, and email sequences, and tell you exactly what to fix. No pressure. No contracts.