For teams who capture leads, then call or text them

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.

Get the Compliance Gate — $79one-time · instant download · yours to keep

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.

Five deliverables · runnable
Consent scorecard workbook
xlsx
Runnable Python gate
engine
Consent audit playbook
docx
Capture fix runbook
docx
7-form worked sample
csv
Standard
TCPA PEWC readiness · date-agnostic engine
01.The Problem

The fight moved from the rule to the receipt.

$500–$1,500
per message under the TCPA — which scales to catastrophe across a list
Vacated
the 2023 one-to-one rule is gone, but prior express written consent still applies
Provability
the whole battleground now: can you produce a dated record of this consent?

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.

02.See It Work

Mark six controls. Uncheck one box. Watch the verdict flip.

Consent score
80 / 100
NOT DEFENSIBLE

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

Affirmative, unchecked opt-infatal if 0
Clear, conspicuous disclosure
Disclosure proximate to the control
Written E-SIGN signature capture
Retained, dated, per-consumer recordfatal if 0
Revocation honored & DNC diligence
Fix first
Affirmative, unchecked opt-in

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 — $79
03.The Runnable Gate

The 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.

04.The Standard

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.

05.What This Is — And Isn't

A readiness gate for your forms. Not a certification.

It is
  • 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.
It isn’t
  • 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.

06.Who It's For

Anyone who turns a form fill into a call or a text.

Marketing, growth, and RevOps teams running lead-capture forms
Founders standing up SMS or AI-voice outreach
Agencies building funnels and buying leads for clients
Demand-gen teams feeding forms into a dialer or CRM
Operators wiring an AI chat/SMS concierge to inbound leads
Anyone triaging a portfolio of forms before a campaign
08.Common Questions

What 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.

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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