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Your dead quotes are a second lead list (and how to text them legally)

Old unsold quotes are leads you already paid for. Here's how to sort them by consent, what federal rules changed in 2026, and who you can text, call or email.

By Himanshu ChoudharyNovember 6, 2026 5 min read

Not legal advice. This is our plain-English reading as of November 6, 2026. These rules change and vary by state. Check with your lawyer before you act on it.

Every business that sends quotes has the same list somewhere. It's the people who said "let me think about it" six months ago and never heard from you again. You already paid to get them. They already told you what they need.

It's a second lead list, and many businesses never touch it. Some of the ones who do touch it blast the whole thing with texts, and that's how you get sued.

Here's how to work it properly.

Why it's worth doing

Your numbers will differ, and a sweep doesn't repeat at the same rate. Still, compare it with what it costs to buy 8 new conversations.

The federal rules, in plain English

The main law is the Telephone Consumer Protection Act, and the FCC's rules are in 47 CFR 64.1200. Here's what matters for old quotes.

Marketing by automated text or artificial voice needs written consent. Telemarketing calls or texts sent with an autodialer, or using an artificial or prerecorded voice, generally need the person's prior express written consent. A reply to a quote is not the same thing as that consent. In 2025 a federal appeals court struck down the FCC's stricter "one-to-one" consent rule, but the underlying written-consent requirement remains.

AI voices count as artificial voices. The FCC ruled in February 2024 that AI-generated voices fall under these rules. An AI that calls your old list to pitch them isn't a loophole.

Do Not Call still applies. You can't make telephone solicitations to numbers on the national registry unless you have permission or an established business relationship. That relationship lasts 18 months after a purchase, but only 3 months after an inquiry. This is the trap with old quotes: a person who asked for a quote 8 months ago and never bought is usually outside that window.

Quiet hours. Telephone solicitations can't go out before 8am or after 9pm in the recipient's local time.

Opt-outs moved in 2026. Under the rule's text, revocation requests must be honored within 10 business days. On September 30, 2026, the FCC adopted an order letting businesses designate specific opt-out methods if they disclose them clearly, and it proposed a shorter deadline. Text senders must still honor replies like STOP, QUIT, END, REVOKE, OPT OUT, CANCEL and UNSUBSCRIBE. An opt-out from marketing still stops all your telemarketing. Separately, the older "revoke-all" provision has been delayed to January 31, 2027. This area is moving, so have your lawyer confirm what's in force the day you send.

Your state may be stricter

Don't stop at federal law. Two examples among several:

  • Texas. Since September 1, 2025, text marketing counts as telephone solicitation under state law, which can mean registering with the state. People can sue, and the exemptions are narrow.
  • Florida. The 2021 changes added written consent for automated sales calls and texts, shorter hours (8am to 8pm), and a private right to sue. The statute has been amended since, so check the current text.

What matters is usually where the recipient is, not where you are.

Sort the list before you send anything

Export your unsold quotes and sort them into four groups. This is how we'd start. Your lawyer has the final say.

GroupWhat you haveWhat to do
GreenWritten consent to marketing texts from you, for that numberText them, with a STOP option, within quiet hours
YellowBought within 18 months, or asked within 3 months, no written consentEmail, or a call dialed by a person. No automated texts
OrangeQuote older than 3 months, no written consent, number not on Do Not CallEmail first. A person may call after you've scrubbed the number
RedOn Do Not Call without permission, opted out, or you can't tellEmail if they haven't unsubscribed. Otherwise leave them alone

If you can't prove which group someone's in, treat them as Red. "I'm pretty sure they said it was fine" won't help you later. Never add bought or rented lists to this.

To scrub numbers, you'll need access to the national registry through the FTC. Your CRM or texting provider may be able to do this for you, but make sure you get proof that it happened.

Start with email

Email is the easy channel here. CAN-SPAM doesn't require opt-in. It does require an honest subject line, a real postal address, and a working opt-out honored within 10 business days.

Email also solves your consent problem. Include a link to a short page with an unchecked box: "Text me about this quote." Anyone who ticks it moves to Green, with proof.

Here's an example of a first email. Keep it short and honest.

No fake urgency. No "final notice." One or two messages per person is plenty for a list this old, and the sequence stops as soon as someone replies.

Keep the proof

For every consent, keep the exact wording they saw, the version, the date and time, the IP address, and the page. Keep it for years, not months, and ask your lawyer how long. That's what our forms store, and it's what you'll want if a complaint ever arrives.

Build next year's list today

The best fix is at the front end. Add a separate, unchecked SMS checkbox to every form and quote request, with plain wording and a link to your terms. Don't make it a condition of getting a quote. A year from now, your dead quotes will be mostly Green.

If you'd like this run for you, our Quote and Proposal Revival system checks consent before anything goes out, starts with email, and honors opt-outs. Fix the boring thing first, and in this case, fix it with your lawyer in the room.

Sources

  1. 47 CFR 64.1200: TCPA delivery restrictions (Cornell Legal Information Institute)
  2. McGuireWoods: The FCC's new TCPA rules give businesses opt-out control (Oct 26, 2026)
  3. Burr & Forman: FCC delays TCPA revoke-all rule until January 31, 2027
  4. Hunton: FCC declaratory ruling that the TCPA applies to AI-generated voice calls (Feb 2024)
  5. Kelley Drye: Eleventh Circuit vacates the one-to-one consent rule (Jan 2025)
  6. Morgan Lewis: Texas telephone solicitation law now covers text messages (Sept 2025)
  7. Jones Day: Florida makes significant changes to telemarketing laws (2021)
  8. FTC: CAN-SPAM Act compliance guide for business
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