Senior living communities and preneed funeral sellers market to people who often aren’t the ones asking. An adult child fills out a web form about assisted living for a parent, or a spouse signs a seminar card for both of them, and the follow-up calls go to whatever number was written down. That gap between who asked and who gets called is a common source of TCPA risk in these industries. Whether the person who answered gave consent, and whether the form named the business that called, usually decides how strong the defense is.
Who can consent to calls about a parent’s care?
Generally the person who subscribes to or regularly uses the phone, not the person who’s interested in the service. The TCPA’s consent requirements in 47 U.S.C. § 227(b)(1) run to “the called party,” and an adult child usually can’t consent for a parent’s phone line just by asking about care for that parent. If the inquiry lists the parent’s number, a marketing call to that number may lack consent even though the family asked for information. The subscriber and user question is covered in the post on who can give TCPA consent.
The safer practice is to call the number of the person who made the inquiry, and to ask before calling anyone else. Intake forms that collect a second contact, such as a parent or sibling, should say that contact won’t get marketing calls unless that person agrees. The related problem of calling emergency contacts and references is discussed in the post on third-party numbers and emergency contacts.
Does a referral service’s lead cover the community that calls?
Only if the consent names that community. Prior express written consent under 47 C.F.R. § 64.1200(f)(9) is a signed agreement authorizing the seller to send advertisements or telemarketing messages to a specific number. The Do Not Call safe harbor in § 64.1200(c)(2)(ii) is stricter still, requiring “a signed, written agreement between the consumer and seller which states that the consumer agrees to be contacted by this seller.” A lead from a referral service whose form named the service, or a long list of partner communities, gives a community a weak record.
The FCC’s one-to-one consent rule would have required each seller to be named separately, but the Eleventh Circuit vacated it, as discussed in the post on the one-to-one consent rule. That doesn’t save a consent form that never mentions the caller. Communities that buy leads should ask for the actual form and disclosure text behind each lead, and should stop calling leads that can’t be traced to a form naming them.
Speed adds to the risk. When a referral service sends the same lead to several communities at once, each one has an incentive to call within minutes, and the family can end up getting a run of calls and texts from businesses it never named. Each of those communities is a separate seller with its own consent question. A family that gets ten calls in an hour is also the kind of plaintiff whose story plays well in a complaint, so the consent record for every one of those calls has to stand on its own.
Are prerecorded calls to landlines allowed?
Not for marketing without written consent. Under § 64.1200(a)(3), a prerecorded call to a residential line “that includes or introduces an advertisement or constitutes telemarketing” needs “the prior express written consent of the called party.” This rule doesn’t depend on an autodialer, so it applies to a recorded message about a community open house or a preneed seminar whatever system places the call.
Businesses that still reach many prospects on home phones should pay attention to this. A short recorded invitation to a lunch-and-learn seminar is likely telemarketing if it encourages attendance at a sales event. The exemptions for non-commercial and other residential prerecorded calls are covered in the post on prerecorded calls to landlines.
| Contact source | Rule | What the business needs | Common weakness |
|---|---|---|---|
| Family member’s web inquiry | Consent of the called party | Consent from the person whose number is called | Calling the parent’s number |
| Referral service lead | § 64.1200(f)(9) and (c)(2)(ii) | Agreement naming the community or seller | Form names only the referral service |
| Seminar sign-up card | § 64.1200(f)(5) inquiry; (c)(2)(ii) | Inquiry within three months, or a signed agreement | Calling attendees a year later |
| Recorded event invitation | § 64.1200(a)(3) | Prior express written consent | Treating it as informational |
How long can a preneed seller follow up after a seminar?
Usually not long without a written agreement. An inquiry creates an established business relationship for Do Not Call purposes only for the three months before the call, under the definition in § 64.1200(f)(5). A prospect who attended a preneed seminar and didn’t buy is outside that window after three months, and if the number is on the Registry, later calls need a signed agreement that names the seller.
That makes the sign-up card important. A card that says the attendee agrees to be contacted by the named funeral home or cemetery at a listed number, and that the attendee signs, can serve as the written agreement. A card that only collects contact information for a drawing or a free meal doesn’t. Preneed sellers that rely on seminars should keep the signed cards and match them to the numbers called. For businesses facing a claim, California TCPA defense lawyers often start with those cards and the dates on them.
What about calls to residents and families after move-in?
Those are usually easier to defend. Calls about a resident’s care, billing, or an event at the community are tied to an existing relationship, and most aren’t marketing. The risk returns when a community markets other services, such as a higher level of care or a sister community, to a family member’s cell phone through an automated platform. A family member who signed the admission agreement is a customer in practice, but that doesn’t mean the agreement includes written consent for marketing messages.
What to pull when a prospect’s family sues over calls
- Preserve call and text logs, dialer and CRM data, and the consent records for each number, under a litigation hold, including the inquiry form or seminar card.
- Pull the opt-out and internal do-not-call logs with dates, including requests made to sales counselors by phone or in person.
- Pull the National Do Not Call Registry scrub records and the Registry version dates used for each campaign.
- Collect referral service and lead vendor contracts and scripts, along with any prerecorded or AI-voice files used for invitations.
- Talk to a lawyer before responding to the demand, contacting the family, or offering anything to settle.
Questions senior living and preneed marketers ask
Can a community call a parent’s number if the adult child asked it to?
It’s risky without the parent’s agreement. The consent that matters belongs to the person who owns or uses the phone. If the adult child says the parent agreed, the community should record that and confirm it on the first call, and it should stop at once if the parent says otherwise. The better course is to ask the parent directly before marketing to that number.
Are calls to a preneed customer about their existing plan marketing?
Not if they’re about the plan the customer already bought, such as a payment reminder or an update on the contract. Calls that offer additional products, upgrades, or plans for other family members encourage a purchase, and the marketing rules apply. A customer who asks to stop sales calls should be added to the internal do-not-call list even though the plan continues.
Does a free lunch seminar create consent to call attendees?
Attendance alone doesn’t create written consent. It may count as an inquiry for the three-month established business relationship window. For calls after that, or for automated or prerecorded calls, the seller needs a signed agreement that names it and lists the number. Sign-up cards are the natural place to collect that agreement, with clear language and a signature.
Do lead buyers share liability with referral services?
They can. The community or seller on whose behalf a call is made is the seller under the FCC’s rules, and that’s who a plaintiff will name. A referral contract with indemnity and consent-record duties helps with cost sharing, but it doesn’t make a weak consent form strong. Buyers should audit the forms behind their leads.
When a family member sues over sales calls
If your community or preneed business has been sued over follow-up calls to a family member or a seminar attendee, the inquiry form, the seminar card, and the dates of each call usually decide how much of the claim holds up. Rosenberger + Kawabata represents businesses defending TCPA lawsuits and class actions through its business litigation practice, including claims involving referral leads and seminar follow-up calls. Contact Rosenberger + Kawabata online for a confidential consultation, or call (310) 894-6921.
Sources
The FCC’s rules are at 47 C.F.R. § 64.1200. The statute is the Telephone Consumer Protection Act at 47 U.S.C. § 227.
This post is general information about the Telephone Consumer Protection Act and related laws as of April 17, 2026. It is not legal advice, and reading it does not create an attorney-client relationship. Courts and the FCC change the rules in this area often, and the outcome of any claim depends on its facts. Past results do not guarantee future outcomes.