Rehash old leads without breaking the TCPA
Lead reactivation, or rehash, is contacting past leads who got a quote and never bought. It is the cheapest lead source most companies have, and the easiest way to get sued without consent. We reactivate only leads with written consent on file, on the channel they allowed, and log opt-outs.
We will not touch a list without consent proof for each number. No exceptions, no "they're old customers".
Why rehash is worth doing carefully
rehash response rate that Hatch reports for Pella. The category's vendors report numbers like this; we do not yet have our own.
Hatch, speed-to-lead product page (vendor-reported)of audited companies never responded to the lead at all. Many "old leads" were never worked the first time.
Harvard Business Review, 2011the year the FCC ruled that AI-generated voices are "artificial" under the TCPA, so AI calls need prior express consent.
FCC 24-17, Feb 8 2024, summary by Huntonlists we have dialed without per-number consent proof. We never buy data and never cold call.
Our rulesThe consent audit checklist
We run this on every reactivation list before a single call or email goes out. Leads that fail a step are either moved to email-only or removed. You get the audit as a spreadsheet.
| Check | Passes if | Fails to |
|---|---|---|
| 1. Written consent on file | A stored record of the lead checking a consent box (or signing a form) that names your business and covers automated texts and AI or artificial-voice calls | Email only |
| 2. Exact wording and date | The consent text version, timestamp, page URL and IP are stored, or your CRM has an equivalent record | Email only |
| 3. Scope matches | The consent covers follow-up about their request, not just "one call back" | Email only |
| 4. No opt-out since | No STOP, "don't call me", unsubscribe or complaint on record, on any channel | Removed |
| 5. Inside your relationship window | An inquiry or estimate on record, with a date, inside the window you and your attorney set (commonly 3 months from an inquiry, 18 months from a purchase) | Email only or removed |
| 6. Number still valid | Carrier lookup says the number is active and still a mobile or landline as recorded. Reassigned numbers are a classic TCPA trap | Removed |
| 7. State rules | The lead's state has no stricter consent or calling-hour rule that the plan violates (Florida, Oklahoma and Washington, among others, have their own) | Adjusted or removed |
This checklist is our operating procedure, not legal advice. Your attorney decides what your consent records support.
Existing business relationship is not consent
EBR window
The federal do-not-call rules let a business call for up to 18 months after a purchase or 3 months after an inquiry even if the number is on the national DNC list. That is a DNC exemption. It does not give consent for an AI-voice or autodialed call.
Written consent requirement
Since FCC 24-17 an AI voice is an "artificial voice" under the TCPA. Calls with it to a mobile need prior express consent, and marketing calls need it in writing. We require the written version for every reactivation call.
Opt-out handling
STOP by text, "don't call me" on a call, an unsubscribe click or a complaint all block the number for your business immediately. The opt-out is logged with time and channel and survives any future list upload.
A reactivation call that respects the "no"
Lily: "Hi Linda, this is Lily, an AI assistant for Peak Bath. You had an estimate with us for a walk-in shower in late August. This call may be recorded. Is it OK to ask how that's going?"
Linda: "We put it off. The price was more than we expected."
Lily: "That's understandable, it's a big project. I can't change the number, but Maria can walk you through options that change the scope, and there are financing choices she can explain. Would a 20-minute follow-up visit help, or would you rather I just send the options by email?"
Linda: "A visit is fine. Friday afternoon?"
Lily: "Friday at 2 is open. You're set. If you'd rather not hear from us again at any point, just say so and I'll take care of it."
Reactivation rules
- Opens with the context: what they asked for and when, so it never feels like a cold call.
- One call, one email, then stop unless they engage. No drip of attempts.
- No price changes, no discounts invented on the call. Offers come from your rep.
- "Not interested" is final and logged. Lily does not push past it.
- Quiet hours 8 am to 8 pm in the lead's time zone, same as new leads.
Reactivation is scoped and quoted with your plan on the pricing page. For how new leads are handled in the first minute, see speed to lead. Dealers: bath remodel, dealer networks.
Lead reactivation, answered
What is lead reactivation (rehash)?
Going back to leads who asked for a quote, got one, and did not buy, or who inquired and went quiet. In home improvement it is called rehash. It works because the lead already wanted the thing; something got in the way. The catch is that the TCPA does not care how old the lead is, only whether you have consent for the channel you use.
Can the AI call my old leads?
Only the ones with prior express written consent on file for AI or artificial-voice calls, with the wording, date and source recorded. An old lead with no consent record gets an email from us, not a call. We will not upload or dial a list without consent proof for each number.
What is the existing-business-relationship window?
A do-not-call exemption, not a consent exemption. The FTC and FCC do-not-call rules let a business call a consumer for up to 18 months after a purchase or 3 months after an inquiry even if the number is on the national DNC list. That exemption does not replace the prior express consent an AI-voice or autodialed call needs, and some states are stricter. Ask your attorney; this is not legal advice.
What response rate should I expect?
We do not publish a number yet because we do not have enough of our own data. The category's vendors report high numbers: Hatch reports a 74% rehash response rate for Pella. Treat vendor figures as a ceiling, not a forecast.
What if a lead says stop?
The number is blocked for your business immediately, across calls, texts and future campaigns, and the opt-out is logged with time and channel. Lily confirms it on the call and does not try to save the conversation.
See it on your own leads.
15-minute call with a real person. Or have Lily, our AI, call you first.