How Long Should You Keep Lead Consent Records?

The short answer

If your lead follow-up counts as telemarketing under the FTC's Telemarketing Sales Rule, keep consent records for 5 years. 16 CFR 310.5 requires sellers and telemarketers to keep listed records for 5 years from the date each record is produced, unless the rule says otherwise, and consent records are on that list.

What a complete consent record includes

You might think a checked box in your CRM is enough. Section 310.5(a)(8) says a complete record of consent includes:

• The name and phone number of the person who gave consent
• A copy of the request for consent, in the same manner and format it was shown to the person
• The purpose for which consent was requested and given
• A copy of the consent itself
• The date consent was given

That second item is the one teams miss. If your form wording changes, you need the version the lead actually saw.

Other records with the same 5-year clock

The same section lists more records that matter to lead follow-up:

• Call records, including the calling and called numbers, date, time, duration, the script or prerecorded message used and the call's outcome. There's an exception for some of those fields when an individual dials a single number by hand.
• Inquiry records for anyone you plan to claim an established business relationship with: the person's name and number, the date of their inquiry and what they asked about.
• Company-specific do-not-call requests, including the number, the date of the request and what was being offered.
• Scripts and prerecorded messages, kept for 5 years from the date they stop being used.
• Contracts with any service provider that places outbound calls for you, kept for 5 years after the contract expires.

The rule lets you keep records in the same manner, format or place you use in the ordinary course of business.

Opt-out records matter more this fall

The FCC's changes to how people can revoke consent are set to take effect on November 25, 2026, according to the Federal Register notice. Our post on the FCC opt-out rule changes covers what changes. A clean, dated record of every stop request is the easiest way to show you honored it. For prerecorded outreach, see our guide to TSR prerecorded calls and written consent.

How we'd set it up

Our suggestions, not legal requirements:

1. Save a snapshot of each form version with the date it went live.
2. Store consent with the lead, not in a separate tool someone might cancel.
3. Log every stop request with the date, the number and what was offered.

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This is general information, not legal advice. Whether the Telemarketing Sales Rule applies to your calls depends on your situation, so check with your own attorney.