A pre-checked box isn’tconsent you can defend.
The one-to-one rule is dead — but the consent standard reverted, it didn’t disappear. With that fight over, every TCPA case now turns on consent quality and proof: was the opt-in a deliberate act, and can you produce a dated record tying this consumer to this consent? This gate grades each form on six controls and returns one verdict — CONSENT-READY, FIX FIRST, or NOT DEFENSIBLE — with a hard stop on the two ways capture is fatally defective.
Not legal advice. This kit is a readiness aid that grades your own assessment of prior-express-written-consent readiness; it is not a compliance certification, an opinion of counsel, or a safe harbor. The TCPA landscape is unsettled and enforced by private litigants — the FCC’s 2023 one-to-one rule was vacated and is not graded here, the prior-express-written-consent standard remains in force, and the “revocation-all” provision is delayed. Confirm the federal and state requirements that apply to your calls, texts, and AI voice/text agents, and consult qualified counsel before you launch.
The fight moved from the rule to the receipt.
A checklist that grades your form’s wording while the opt-in is pre-checked, or while you store no record, is grading the wrong thing. This gate grades the consent as you’d have to defend it — a deliberate affirmative act, captured and provable — and forces NOT DEFENSIBLE when it isn’t, no matter how good the copy is.
Mark six controls. Uncheck one box. Watch the verdict flip.
Defective-capture gate: a pre-checked / non-affirmative opt-in — consent you can’t prove you got. NOT DEFENSIBLE regardless of score.
Mark six consent controls
Same math as the workbook and the Python engine: six controls weighted to 100, CONSENT-READY at 85+, FIX FIRST at 55+, and a defective-capture gate that forces NOT DEFENSIBLE on a non-affirmative opt-in, a missing consent record, or purchased leads with no provenance. It grades the prior-express-written-consent readiness of forms, not people, and deliberately doesn’t grade the vacated one-to-one rule. A readiness aid, not legal advice.
This is the live engine. Grade every lead-capture form in one workbook + a runnable engine Catch the pre-checked box or missing record before a dispute does Get the one fix-first per form, with the exact capture-fix step
Get the kit — $79The same verdict, offline, from your terminal.
The workbook and the Python engine share one config — same six controls, same weights, same defective-capture gate. Run it against the shipped seven-form sample:
$ python3 engine/wfc_engine.py engine/sample_forms.csv Web-Form Consent & Lead-Capture Compliance Gate ================================================ Program: DO NOT LAUNCH Demo request (pre-checked consent box) score 80/100 -> NOT DEFENSIBLE [GATE: pre-checked / non-affirmative opt-in -> NOT DEFENSIBLE] fix first: Affirmative, unchecked opt-in (a deliberate act) Demo request (same form, unchecked box) score 100/100 -> CONSENT-READY Newsletter + SMS opt-in (fully compliant) score 100/100 -> CONSENT-READY Webinar signup (vague disclosure, fine print) score 69/100 -> FIX FIRST fix first: Clear, conspicuous disclosure naming caller & autodial/robotext marketing Quote form (no consent record kept) score 68/100 -> NOT DEFENSIBLE [GATE: no retained consent record -> NOT DEFENSIBLE] fix first: Retained, dated, per-consumer consent record Bought list blast (no provenance) score 70/100 -> NOT DEFENSIBLE [GATE: purchased leads with no consent provenance -> NOT DEFENSIBLE] fix first: Purchased-lead consent provenance Contact form (thin but affirmative & logged) score 60/100 -> FIX FIRST fix first: Clear, conspicuous disclosure naming caller & autodial/robotext marketing The one-to-one rule was vacated and is NOT required here; this grades prior-express-written-consent readiness. A readiness aid, not legal advice.
Rows 1 and 2: the same form, one box unchecked — NOT DEFENSIBLE becomes CONSENT-READY. The gate is the only difference.
Six weighted controls — and a gate on the two fatal defects.
Consent must be a deliberate act
A pre-checked or bundled opt-in isn't the clear, unmistakable affirmative consent the law requires — so it forces NOT DEFENSIBLE no matter how good the rest of the form is.
If you can't prove it, you can't defend it
No retained, dated, per-consumer record means you could never show consent in a dispute. A missing record is a fatal defect, not a minor gap.
One-to-one is not graded
The vacated 2023 rule is deliberately excluded — the engine grades the prior-express-written-consent standard that actually reverted into force, and stays date-agnostic.
A readiness gate for your forms. Not a certification.
- A deterministic, per-form verdict on prior-express-written-consent readiness.
- A way to find the capture defect that makes consent unprovable — and the fix.
- A repeatable triage you re-run before wiring a form into a dialer or SMS/AI agent.
- A compliance certification, opinion of counsel, or safe harbor.
- A grader of the vacated one-to-one rule — that’s deliberately excluded.
- A people-scoring tool — it grades forms and flows, not anyone’s behavior.
Not legal advice. This kit is a readiness aid that grades your own assessment of prior-express-written-consent readiness; it is not a compliance certification, an opinion of counsel, or a safe harbor. The TCPA landscape is unsettled and enforced by private litigants — the FCC’s 2023 one-to-one rule was vacated and is not graded here, the prior-express-written-consent standard remains in force, and the “revocation-all” provision is delayed. Confirm the federal and state requirements that apply to your calls, texts, and AI voice/text agents, and consult qualified counsel before you launch.
Anyone who turns a form fill into a call or a text.
Build the page, capture consent defensibly, then send.
Lead-Capture Page Kit
Build the opt-in page; this gate checks its consent is defensible. $79.
ViewAI Chat & SMS Concierge (GHL)
The SMS/AI agent that needs this consent gate upstream of it. $99.
ViewAI Disclosure & Synthetic-Content Labeling Readiness Kit
Sibling readiness gate for EU AI Act Article 50 disclosure. $79.
ViewWhat teams ask before they buy.
No. The FCC's 2023 one-to-one consent rule was vacated in IMC v. FCC (11th Cir., January 2025), and the FCC did not challenge it. The standard reverted to the pre-2023 prior-express-written-consent (PEWC) requirement, which was reinstated and remains in force. This gate deliberately does NOT grade the vacated one-to-one rule — it grades the PEWC standard that actually applies, and it's date-agnostic so it doesn't break as the law keeps moving. Because the rule fight is over, the battleground shifted to consent quality and provability, which is exactly what the six controls measure.
No. Consent has to be a deliberate, clear, and unmistakable affirmative act — a pre-checked box, or consent bundled into a 'submit' or terms-acceptance click, isn't that. The user has to do something on purpose to opt in. This is one of the two fatal defects the gate hard-stops: a pre-checked or non-affirmative opt-in forces NOT DEFENSIBLE regardless of how good the rest of the form is. In the demo and the engine, unchecking that one box is the difference between NOT DEFENSIBLE and CONSENT-READY.
Yes. The FCC has confirmed that AI-generated voices are 'artificial' voices within TCPA scope, so an AI voice agent calling or an automated system texting marketing messages needs the same prior-express-written consent as any autodialed or prerecorded marketing outreach. That's why this gate sits upstream of your dialer or your AI chat/SMS concierge: it checks that the form feeding those systems captured consent you can actually defend, including a clear disclosure that marketing calls/texts may be autodialed or use an artificial voice. Confirm the federal and state requirements that apply to your specific channels with counsel.
One verdict per form — CONSENT-READY, FIX FIRST, or NOT DEFENSIBLE — plus a single fix-first naming the highest-leverage control to change. You mark six weighted controls (affirmative unchecked opt-in, clear disclosure, disclosure proximity, written E-SIGN signature, retained per-consumer consent record, revocation/DNC & source diligence) and flag purchased leads with no provenance. A defective-capture gate hard-stops the three fatal patterns: a non-affirmative opt-in, no retained consent record, or purchased leads with zero provenance. A program rollup grades all your forms together as READY TO CAPTURE, REMEDIATE, or DO NOT LAUNCH. It ships a workbook, a runnable Python engine that reproduces the verdict offline, two playbooks, and a seven-form worked sample.
Different layers. The Lead-Capture Page Kit grades the page's conversion design — message match, single goal, friction, trust — whether the form converts. This gate grades whether the consent that form captures is defensible — whether the opt-in is affirmative, disclosed, signed, and provable under the TCPA. A page can convert beautifully and still capture consent you could never defend in a dispute. Build and optimize the page there; clear its consent here before you wire it into anything that calls or texts.
No to both. It's a readiness aid that grades your own assessment of prior-express-written-consent readiness — not an opinion of counsel, not a certification, and not a safe harbor. The TCPA landscape is genuinely unsettled and enforced by private litigants: the one-to-one rule was vacated, the PEWC standard reverted, courts have split on points like oral consent and whether texts are 'calls,' and the revocation-all provision is delayed. The engine grades the stricter written-consent posture as the safe default and stays date-agnostic, but you must confirm the federal and state requirements for your calls, texts, and AI voice/text agents and consult qualified counsel before you launch.
Capture consent you could
actually defend.
One purchase, lifetime access, 12 months of updates. $79, once.
Not legal advice. This kit is a readiness aid that grades your own assessment of prior-express-written-consent readiness; it is not a compliance certification, an opinion of counsel, or a safe harbor. The TCPA landscape is unsettled and enforced by private litigants — the FCC’s 2023 one-to-one rule was vacated and is not graded here, the prior-express-written-consent standard remains in force, and the “revocation-all” provision is delayed. Confirm the federal and state requirements that apply to your calls, texts, and AI voice/text agents, and consult qualified counsel before you launch.
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