FCC Announces Effective Date for 1-to-1 Consent Rule

Your FCC ECFS Update for 11/18/2024 Summarizing 3 Filings from 3 Hot Proceedings

Dear Friends of The Docket Digest,

The new one today was the public notice for when the 1-to-1 Consent Rule goes into effect: January 27, 2025. Often called the lead generator loophole, it was adopted by the commission last year (read the order here).

From the order:

“We close the lead generator loophole by requiring that texters and callers get written consumer consent for robocalls or robotexts from one seller at a time, and thus prohibit abuse of consumer consent by comparison shopping and other websites.”

Not only that, the commission specifically targeted comparison shopping websites that act like consent farms:

“We also make it unequivocally clear that this requirement applies a single seller at a time, on the comparison shopping websites that often are the source of lead generation, thus closing the lead generator loophole.”

But wait, there’s more: You can only contact consumers for the purpose for which the consent was given. If consent was obtained for auto loans, you cannot suddenly start texting them about repairing their credit.

“We also require that the consent must be in response to a clear and conspicuous disclosure to the consumer and that the content of the ensuing robotexts and robocalls must be logically and topically associated with the website where the consumer gave consent.”

What This Means for Platforms, Software, and Brands:

A default “no, thank you” to anyone who says they’ve “purchased leads.” That’s never been the same as consent, and in a few weeks, it will be explicitly against the law.

Of course the standard disclaimer: This is not legal advice. When it doubt, talk to your lawyer.

Thank you for your support,

TJ

Disclaimer: AI hallucinations are a real thing—no pun intended. AI, as of yet, is not a substitute for human intuition and judgment. So please click on the links to read the originals.

Filings in Digest

02-278  Implementing the Telephone Consumer Protection Act of 1991