Buying opt-in leads for immediate callback? Good news: it's legal. Bad news: the conditions are strict and many companies violate them unknowingly. Here are the rules you need to know to call in full compliance.
What is an opt-in lead for immediate callback?
A "hot" opt-in lead is a prospect who has:
- Filled out a form online (quote request, comparison site, etc.)
- Explicitly consented to being contacted by phone
- Accepted transmission of their data to identified partners
"Immediate callback" means a call back within 24 to 48 hours of the request. This is the optimal window when the prospect is still "hot."
Condition #1: Consent must be transferable
According to data protection authorities, for consent to be validly transferred to a lead buyer, three cumulative conditions are required:
1. Clear information at collection time
The original form must explicitly state that data will be shared with commercial partners. No pre-checked boxes, no mentions buried in terms and conditions.
2. Accessible list of recipients
The prospect must be able to view the list of companies that may contact them. This list can be accessible via a link but must be regularly updated.
3. Specific consent for phone marketing
Consent to receive emails is NOT valid for phone calls. A separate checkbox for telephone marketing is required.
Condition #2: Do Not Call does NOT apply with explicit consent
This is a crucial and often overlooked nuance. According to Article L223-1 of the Consumer Code, Do Not Call only applies to unsolicited marketing.
If the prospect has explicitly consented to being contacted by phone via an opt-in form, you can call them even if they're on the Do Not Call list.
Concrete example: Yacla opt-in
Here's an example of a compliant opt-in from provider Yacla:
"I agree to be connected with an insurance professional and for my data to be processed for this purpose. I can voluntarily choose the representative who will handle my request and view their privacy policy before validation by clicking here. This connection may result in exchanges by email, SMS and/or phone calls Monday to Saturday, 8am to 8:30pm."
With this type of opt-in, you benefit from:
- ✅ No Do Not Call check required — explicit consent exempts from the obligation
- ✅ Extended hours — 8am to 8:30pm instead of 10am-1pm/2pm-8pm
- ✅ Saturday allowed — not limited to weekdays
- ✅ Built-in traceability — the form constitutes proof of consent
Beware of fake opt-ins
For the Do Not Call exemption to apply, consent must be:
- Explicit — checkbox actively checked by the prospect
- Specific to phone — not just "by any means"
- Traceable — you must be able to prove consent
Condition #3: Callback timing matters
Consent has an implicit validity period:
| Callback Delay | Consent Validity | Risk |
|---|---|---|
| < 24h | ✅ Optimal | Low |
| 24-48h | ✅ Acceptable | Low |
| 48h - 7 days | ⚠️ Borderline | Medium |
| > 7 days | ❌ Questionable | High |
| > 30 days | ❌ Invalid | Very high |
A prospect who fills out an "immediate callback request" form doesn't expect to be contacted 3 weeks later. The longer the delay, the higher the spam flagging risk.
Condition #4: Calling hours depend on consent
Calling hours depend on what the prospect consented to.
Case 1: Consent with explicit hours
If the form specifies: "Monday to Saturday, 8am to 8:30pm", then those hours apply. The prospect explicitly agreed to be contacted during this extended window.
Case 2: No hours specified in consent
If the form doesn't mention specific hours, default legal hours apply:
- Authorized slots: 10 AM-1 PM and 2 PM-8 PM
- Prohibited days: weekends and holidays
- Maximum frequency: 4 attempts per month per number
Condition #5: Traceability is mandatory
In case of regulatory inspection or complaint, you must prove:
- Lead origin: which form, on which site, on what date
- Proof of consent: copy of form with checked boxes
- Consented hours: time window accepted by the prospect
- Transmission chain: who collected, who sold, who bought
Retention period
Keep this evidence for at least 3 years (GDPR limitation period).
Your lead provider's obligations
Before buying leads, verify that your provider:
- Collects consent compliantly (no pre-checked boxes)
- Informs about transmission to specifically named partners
- Specifies the contact hours accepted by the prospect
- Provides proof of consent on request
- Contractually guarantees GDPR compliance
⚠️ If your provider can't prove compliance, you're jointly liable in case of sanctions.
Costly mistakes
Mistake #1: Treating all opt-in leads as "open bar"
A lead consented to be contacted, not to be harassed. Respect "no" from the first call.
Mistake #2: Ignoring consented hours
The prospect accepted "Monday-Saturday 8am-8:30pm" but you call on Sunday? You're outside the consent framework.
Mistake #3: Buying leads without verifying the source
"Too good to be true" leads often come from non-compliant collection. Low price = high risk.
Mistake #4: Calling leads older than 7 days
Consent erodes over time. A 30-day-old lead is no longer hot, it's a flagging risk.
Mistake #5: Not identifying your company
From the start of the call, you must say: "Hello, I'm [First name] from [Company]. You filled out a form on [site] on [date]."
Opt-in lead compliance checklist
- ☐ Explicit consent for phone marketing
- ☐ My company was listed as a partner
- ☐ I checked the hours consented by the prospect
- ☐ Lead is less than 48h old (ideal) or 7 days (max)
- ☐ I have proof of consent (form copy)
- ☐ I call within consented hours
- ☐ I identify myself and mention lead origin at the start
- ☐ I respect refusal from the first call
FAQ
Do I need to check Do Not Call for an opt-in lead?
No, if the prospect explicitly consented to phone marketing via the form. Article L223-1 of the Consumer Code exempts consented solicitations.
The prospect consented to "8am-8:30pm Monday to Saturday", can I really call on Saturday?
Yes! The prospect's explicit consent takes precedence over default legal hours. If they accepted Saturday, you can call Saturday.
How long does an opt-in lead remain valid?
Legally, no fixed duration. In practice, beyond 7 days, consent becomes questionable. Beyond 30 days, it's considered expired.
What penalties for calling a non-compliant lead?
Up to €375,000 fine for Do Not Call violations (if applicable), and up to 4% of global revenue or €20M for GDPR violation.
⚠️ Disclaimer:<\/strong> The information in this article is provided for informational purposes only. Regulations change regularly and their interpretation may vary. HUHU is not a law firm. We recommend consulting a legal professional for any questions regarding your specific situation.<\/em><\/p>
