Now, those long time TCPAWorld dwellers should already be familiar with the Czar’s Troutman Nine—the TCPA guide to securing prior express written consent (“PEWC”) under the CFR.
While the elements of the Troutman Nine are critical in establishing that prior express written consent (PEWC) has been properly obtained, it’s not enough to stop at the language of the disclosure itself. In today’s regulatory and litigation environment—especially for businesses relying on third-party lead generators who collect consumer information through online forms—compliance requires a much deeper look. It’s not just about what the disclosure says, but also how the consent is obtained, who is involved in the process, and whether the end-to-end journey meets both the letter and spirit of the law. This is particularly important where consumers are allegedly agreeing to be contacted by multiple sellers offering products or services that might be of interest.
For a long time, scrutiny around PEWC was minimal. As long as the disclosure contained the key language required by the CFR—the famous Troutman Nine—that was often seen as sufficient. If a consumer clicked “I agree” or accepted the terms, that box was checked. It hardly seemed to matter whether the consumer had any real understanding of what they were consenting to, whether the consent was buried or misleading, or even if the website’s content had little to do with the sellers ultimately contacting them.
From a market perspective, all that was needed was the presence of a written disclosure, often backed up by a Jornaya or TrustedForm certificate to verify what was shown on the page. That was it.
But those days are over.
Today, that level of compliance is just low-hanging fruit. Regulators, courts, and plaintiffs’ attorneys are increasingly scrutinizing website design and declining to enforce disclosures that are embedded in deceptive or manipulative formats—commonly known as “dark patterns.” Many of the tactics long used by lead generators to steer users toward consent—once considered standard industry practice—are now being deemed unlawful. This shift reflects a broader legal and regulatory movement focused on enhancing transparency, consumer autonomy, and informed decision-making in online interactions.
And this is precisely why the Czar introduced R.E.A.C.H.—a comprehensive framework designed to establish clear, enforceable industry standards for compliant lead generation. It’s built to ensure transparency, accountability, and compliance at every step of the consent process, helping businesses avoid liability and build trust with consumers in an increasingly scrutinized digital landscape.
And to further assist those seeking to obtain valid consent through online properties, and as a natural counterpart to the Troutman Nine consent requirements, I’ve developed Queenie’s Ten—a set of best practices designed to guide the structure, format, and presentation of website disclosures. These principles aim to ensure that consent is not only legally sufficient but also transparent, user-friendly, and defensible in today’s TCPAWorld.
Here’s Queenie’s Ten:
- Call to Action Button Should Clearly Convey Consent
The call-to-action (CTA) button should unambiguously signal that the consumer is agreeing to terms—e.g., “Submit & Agree” or “Continue with Consent.” - Disclosures Should Explicitly State the Effect of Clicking
Disclosure language surrounding the button should clearly inform users that clicking constitutes agreement to the terms —e.g. “By clicking, you agree to our Terms & Privacy Policy”). - Disclosures Should Be Conspicuous
Disclosures should be large enough to read easily and should contrast with the website background—i.e. no tiny fonts, no buried terms, no gray-on-gray. The font, color and contrast should make the disclosure stand out. - Proximity Is Key
The disclosure should appear immediately adjacent to the CTA button—ideally above or directly beside it, never buried elsewhere on the page. - Timing Matters
The disclosure should be presented at the time the user is expected to provide consent—not earlier, not later. It should be in the user’s view when they click. - Hyperlinks Should Be Bold and Bright
Linked terms —e.g., Terms of Use, Privacy Policy should be underlined, clearly visible, brightly colored (I prefer hot pink), and distinguishable from surrounding text. - No Tiny Text
Disclosure should be large enough or otherwise noticeable enough to see and read by a reasonable person and avoid fine print. - Minimize Visual Noise
Disclosures should not be crowded out by pop-ups, graphics, or distracting visuals. The area surrounding the disclosure should be clean and focused. - Avoid Dark Patterns by Using Plain, Truthful, Understandable Language
Disclosures must be written in straightforward, truthful language that the average consumer can understand. Avoid dense legalese, double negatives, the illusion of choice, misleading terms, or confusing phrasing. For example, don’t advertise “free online quotes” if the real purpose is to collect user information for telemarketing outreach by third parties—and no actual quotes are provided online. - Mobile-Friendly Design
Disclosures should be equally clear and conspicuous on smaller screens or other devices and should be optimized for mobile viewing—no pinching, zooming, or hidden disclosures.
Continue to stay ahead of the curve—join The Czar’s compliance deep dive at Lead Generation World on January 6, 2026.
xoxo
Queenie