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AIPMA Blog Series – Closing the Lead Generator Loophole, Part 2

This month, AIP Marketing Alliance is focusing on the potential impacts of the Federal Communication Commission’s pending legislation that could affect consumer prospecting and lead generation services. This “lead generator loophole” is scheduled to take effect January 2025 pending any changes. In this blog, AIPMA explains the potential impact of these new FCC rules.

In Part 1 of this series, AIPMA shared the FCC press release about the possible changes to lead generation strategy, and this blog will cover the basics and some potential impacts to insurance agents using phone calls or texts for lead generation.

Let’s review some of the basics of these new FCC rules.

  • Expands Do Not Call (DNC) protections to text messaging.
  • Redefines “prior express written consent” to mean an agreement that “authorizes no more than one identified seller” to contact a consumer.
  • Requires that calls must be “logically and topically associated with the interaction that prompted the consent.”
  • Brands (or lead purchasers/buyers) must maintain documentation of consent to call and cannot rely on documentation held by the sellers.
  • Damages can be up to $1,500 per call or text that is a violation.
  • Takes affect January 2025, pending any changes.

Keeping these changes in mind, how could the FCC updated rules affect insurance agents and advisors?

  • If adopted in full, lead costs will likely increase across the industry to agents as sellers will no longer be able to monetize a lead more than one time.
  • Agents / lead purchasers (agencies/FMOs) need to ensure any leads they are purchasing are specifically consenting to be contacted for the product/service the agent is selling (e.g., if a consumer consents for auto insurance, cannot contact for final expense).
  • Lead Vendors may shift to single offer opt-ins, possibly presenting multiple offers to the consumer and allowing consumer choice.

In preparation for these FCC rules, AIP Marketing Alliance wants our valued wholesalers and agents to understand how important using compliant lead generation services could be going forward. Integrity’s LeadCENTER and PlanEnroll services will follow these requirements for consumer lead generation, which currently includes life insurance, final expense insurance, and Medicare leads.

For that reason, we also want to share some examples of non-compliance with these new FCC regulations.

  • Contacting individuals via pre-recorded voicemail or automated texting based on prior express consent in a Business Reply Card (BRC) that does not address automated communications or ringless voicemail.
  • Contacting individuals who did not provide consent to be contacted (e.g., BRC for the receipt of a Medicare guide, without mentioning that an agent would reach out).
  • Calling T65 (consumers turning age 65) lists without scrubbing against DNC (Do Not Contact).
  • Contacting T65 lists with the use of a power dialer, prerecorded message, or auto texting.
  • Contacting a lead for a different purpose than for which the prior scope of consent was given.
  • Contacting a lead who gave prior express consent to a different seller.
  • Agent purchases leads from non-authorized source, who assures the Agent that the leads provided consent (without providing any proof). Lead pretends to be interested and has a number of calls with Agent. Lead then Googles Agent, finds out Agent’s affiliation and sends a demand for $10,000, threatening a lawsuit.
  • Agent sends ringless voicemail messages to 1,000 consumers who provided consent to be contacted by email. The agent is shocked to get a demand letter from a lawyer threatening to file a class action on behalf of several of those consumers on behalf of themselves and the other consumers who were contacted.

As we near January 2025, AIP Marketing Alliance will share more information about these FCC rules and their impact on lead generation. If you are currently looking for a compliant, consumer lead generation program, contact our Business Development team at (800) 783-5206 Press #2 or to learn more about Integrity’s LeadCENTER and PlanEnroll consumer lead generation programs.

AIP Marketing Alliance is committed to MORE in ’24 as we are launching a bunch of new resources to support our independent insurance wholesalers and agents. Visit our blog on to stay informed on these upcoming launches and learn why wholesalers nationwide choose AIPMA as their distributor for selling life insurance, annuities, long-term care insurance, final expense, and much more. Ask about our lead services, myAIP CRM platform with customizable recruiter portal, and online tools/resources designed to grow your business.

AIP Marketing Alliance, an Integrity Company, has developed this blog for informational and educational use only. Be advised, AIP Marketing Alliance, Inc. does not provide legal advice, tax advice, or guidance on issues involving securities laws, insurance laws nor securities or insurance regulations. This material should not be relied on as providing any such advice or guidance to either agents or retail consumers. Within this communication, AIPMA shares links for usage as information only. This content should not be interpreted as solicitation to purchase life insurance, annuities, or other products or as advice designed to meet your clients’ specific needs. Content involving fiduciary, tax, or legal advice should be directed to your legal, tax, and financial professionals for specific advice or product recommendations. AIPMA will not accept any legal liability resulting from any use of 3rd party material(s).

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For more than 40 years, AIP Marketing Alliance (AIPMA), an Integrity Company, serves as a premier life insurance and annuity distribution partner to provide full-service support to independent wholesalers, brokerages and agents from our Troy, Michigan office. NOT AFFILIATED WITH OR ENDORSED BY THE GOVERNMENT OR THE MEDICARE PROGRAM. Copyright 2024