Countdown to Jan 27, 2025: FCC One-to-One Consent Rule

What is the FCC One-to-One Consent Rule?

In December 2023, the FCC adopted new rules in the Second Report and Order to combat unwanted and illegal telemarketing calls and texts, including a rule that closed the lead generator loophole. The rule expressly prohibits lead generators, texters, and callers from using a single consumer written consent to inundate consumers with unwanted telemarketing robocalls and robotexts from dozens of sellers when consumers visit comparison shopping websites. The Commission made it unequivocally clear that each caller and texter soliciting consumers’ business must obtain a consumer's prior express written consent prior to making such robocalls or robotexts.

In other words, robocallers and robotexters must obtain a consumer’s written consent for marketing messages for each seller. For example, on a comparison shopping website, the consumer could check a separate box for each seller they wish to receive a robocall or robotext from. In addition, such consent must be in response to a clear and conspicuous disclosure that the consumer will receive robocalls or robotexts from each selected sellers, and the content of ensuing robotexts and robocalls must be logically and topically related to the website where the consumer gave consent.

Here are a few things you can no longer do under the new FCC one-to-one rule:

Violation. Fines. Prosecutions.

• VP of CapitalOne Labs received $1,200 from a TCPA suit against an unsolicited text message

• Anyone can file complaint against Robocalls or Robotexts on the FCC website

We Will Get You Compliant within 2 Weeks

or

You Get Your Money Back