Free Edition: FCC Publishes One-to-One Consent Rule Consumer Guide

Your FCC Update for 12/23/2024 Summarizing 1 Filing from 1 Hot Proceedings

Dear Friends of The Docket Digest,

The FCC released a short four page document that outlines the context for the One-to-One consent rule.

This is a free edition.

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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.

Upcoming Dates

1. December 31, 2024: Deadline to for RMD violators to respond to the EB

2. January 20, 2025: Chair Rosenworcel’s Term Ends

3. January 27, 2025: 1-to-1 Consent Takes Effect

4. April 11, 2025: New TCPA Revocation Rules Take Effect

Tools

1. Check your RMD Offender Status [Google Sheets].

FCC One-to-One Consent Consumer Guide

TLDR:

The FCC's one-to-one consent rule mandates explicit consumer consent for each seller when receiving robocalls or robotexts, closing the lead generator loophole and enhancing consumer protections.

Summary Analysis:

• Filing Date: December 23, 2024

• For/Against: For strengthening consumer consent requirements under the TCPA.

• Topic: FCC’s Second Report and Order implementing a one-to-one consent rule for telemarketing robocalls and robotexts.

• Key Requirements:

  • Require individual consent for each seller to send robocalls or robotexts, prohibiting the use of a single consent across multiple sellers.

  • Ensure disclosures are clear and conspicuous, explicitly stating which sellers may contact consumers and for what purpose.

  • Align the one-to-one consent rule with the Federal Trade Commission's Telemarketing Sales Rule.

• Key Clarifications:

  • The rule does not apply to live telemarketing calls without autodialers or prerecorded/artificial voices, though follow-up calls using these technologies still require consent.

  • Consent must be directly tied to the content and context of the website or service where the consumer provided consent.

• Impact on Consumers:

  • Protects consumers from unwanted robocalls and robotexts stemming from vague or misused consents obtained through lead generators.

  • Enhances transparency and consumer autonomy in telemarketing interactions.

• Action Requested:

  • Encourage businesses to comply with the new requirements by January 27, 2025, the effective date of the rule.

Involved Parties:

• FCC Consumer and Governmental Affairs Bureau

• Telemarketing Sellers and Lead Generators

Link: FCC Filing.