{"id":11074,"date":"2024-12-13T07:41:20","date_gmt":"2024-12-13T07:41:20","guid":{"rendered":"https:\/\/leadsrain.com\/blog\/?p=11074"},"modified":"2024-12-13T07:41:20","modified_gmt":"2024-12-13T07:41:20","slug":"fccs-tcpa-one-to-one-consent-rule","status":"publish","type":"post","link":"https:\/\/leadsrain.com\/blog\/fccs-tcpa-one-to-one-consent-rule\/","title":{"rendered":"Are You Ready for the FCC’s TCPA One-to-One Consent Rule?"},"content":{"rendered":"\n

If you\u2019re unfamiliar with the Federal Communications Commission\u2019s (FCC) Telephone Consumer Protection Act (TCPA)<\/a> one-to-one consent rule, your business could be at risk of significant fines and reputational harm. This critical regulation emphasizes consumer protection by requiring explicit consent before initiating marketing communications.<\/p>\n\n\n\n

In this post, we\u2019ll unpack the essentials of the one-to-one consent rule\u2014what it is, why it matters, and how it can impact your business. By understanding this regulation, you\u2019ll be better equipped to comply and safeguard your organization from avoidable pitfalls.<\/p>\n\n\n\n

What is the TCPA One-to-One Consent Rule?<\/strong><\/h2>\n\n\n\n

The TCPA one-to-one consent rule is a vital regulatory standard introduced by the FCC to ensure that consumers explicitly agree to receive marketing communications. This rule mandates prior express written consent for each individual advertiser, often referred to as the “seller” in TCPA terminology.<\/p>\n\n\n\n

This rule is particularly relevant for businesses that purchase or sell leads, as it holds every advertiser accountable for obtaining consent directly from the consumer before initiating any form of marketing outreach. It aims to prevent unauthorized use of consumer data and ensures transparency between businesses and their potential customers.<\/p>\n\n\n\n

The FCC formally adopted the one-to-one consent rule on December 13, 2023, with an enforcement date set for January 27, 2025<\/a>. This timeline provides businesses with an opportunity to review their processes, update compliance measures, and align with the regulation\u2019s requirements.<\/p>\n\n\n\n

1. Manually Dialed Calls<\/strong><\/h3>\n\n\n\n

The new rules do not apply to telemarketing calls made without an ATDS or artificial\/prerecorded messages. Lead generators can continue business as usual for these types of calls, collecting and sharing leads without securing consent for telemarketing calls using automated systems. Sellers can also use alternative methods, such as manually dialed calls or texts, to share comparison shopping information.<\/p>\n\n\n\n

The Supreme Court\u2019s Facebook, Inc. v. Duguid decision narrowed the definition of an ATDS to systems that generate numbers using a random or sequential number generator, reducing the scope of this requirement.<\/p>\n\n\n\n

2. Do Not Call Rules<\/strong><\/h3>\n\n\n\n

Calls to numbers on the Do Not Call (DNC) Registry<\/a> require either an established business relationship or prior express permission. While the TCPA does not define “invitation,” the FCC has implied that written agreements between consumers and sellers are necessary for DNC compliance. <\/p>\n\n\n\n

The FTC\u2019s Telemarketing Sales Rule already enforces one-to-one consent for DNC numbers, and the FCC is likely to follow suit. Sellers should prepare for these stricter requirements going forward.<\/p>\n\n\n\n

3. Live Lead Transfers<\/strong><\/h3>\n\n\n\n

Lead generators and aggregators selling warm lead call transfers can continue operations with minimal changes. They can manually dial consumers and transfer them to seller clients without breaching the new PEWC rules.<\/p>\n\n\n\n

The FCC clarified in response to Zillow\u2019s comment that such warm lead transfers, as live calls without autodialing or prerecorded\/artificial voices, remain permissible under the TCPA before and after the new rule changes (Order, \u00b6 31, n.75).<\/p>\n\n\n\n

However, for calls using ATDS or artificial\/prerecorded messages, one-to-one consent is required. This can be obtained by clearly disclosing the caller’s identity on the website or via other compliant methods. Callers should always secure consent before transferring the call.<\/p>\n\n\n\n

4. Website Design: Checkboxes for Sellers<\/strong><\/h3>\n\n\n\n

Lead generators and website publishers can obtain one-to-one consent for multiple sellers by implementing checkbox lists on their websites. Consumers can select each seller they wish to hear from, whether the site lists 5 or 500 sellers (Order, \u00b6 41, \u00b6 33). The only requirement is that the listed sellers must provide products or services logically related to those promoted on the website (Order, \u00b6 34).<\/p>\n\n\n\n

5. Website Design: Auction Before Consent<\/strong><\/h3>\n\n\n\n

Websites can also identify the lead buyer before the consumer reaches the consent page, automatically populating the disclosure with the buyer\u2019s name. While this ensures compliance, the lead would be exclusive to that buyer and cannot be resold.<\/p>\n\n\n\n

6. Retention of Proof for Valid PEWC<\/strong><\/h3>\n\n\n\n

The FCC\u2019s Order, \u00b6 49 emphasizes that texters and callers bear the burden of proof to demonstrate valid prior express written consent (PEWC). Consent must come directly from the consumer and cannot rely solely on lead generators to retain proof. Fabricated leads (\u201cfake leads\u201d) or consent not directly given to the seller are invalid under the TCPA.<\/p>\n\n\n\n

Key Compliance Points:<\/h2>\n\n\n\n