The "One-to-One Consent" Rule (and its current status)
Posted: Thu May 22, 2025 8:29 am
A major focus of the FCC's December 2023 ruling was to close the "lead generator loophole" by introducing a "one-to-one consent" requirement.
Original Intent: This rule aimed to mandate that lead generators obtain explicit, individual consent for each specific seller that would contact a consumer via robocall or robotext. This meant a single consent given on a comparison shopping website, for example, could no longer apply to dozens or hundreds of different companies. Consent had to be "logically and topically related" to the initial interaction.
Implementation Date: It was initially set to take effect on January 27, 2025.
Current Status (Crucial Update): On January 24, 2025, the FCC formally delayed canada phone number list the implementation of the one-to-one consent rule for up to 12 months. Crucially, on the same day, the Eleventh Circuit Court of Appeals vacated this rule, ruling that the FCC lacked the authority to enforce the one-to-one consent requirement as written.
Implication: While the "one-to-one" rule itself has been struck down, the spirit of the FCC's intent towards greater consumer protection and transparency remains. Businesses cannot ignore compliance. The ruling emphasized that the existing TCPA regulations still apply, and businesses should prioritize clear, conspicuous consent and relevant outreach.
Other Key Aspects of Recent FCC Rulings Affecting Lead Generation:
Despite the vacating of the one-to-one rule, several other significant changes and clarifications are in effect or planned:
Clear and Conspicuous Disclosure:
Rule: Regardless of the one-to-one consent status, disclosures when obtaining consent must be "clear and conspicuous," apparent to a reasonable consumer, and not hidden in fine print or behind hyperlinks. Consumers must be informed that they will receive robocalls or robotexts.
Implication for B2C & B2B: Lead forms and consent language must be highly transparent. Generic, vague disclosures are no longer acceptable. This applies to both B2C (e.g., consumer comparison sites) and B2B (e.g., forms for whitepapers where automated follow-up calls are implied).
Logical and Topical Relationship:
Rule: If a consumer gives consent, the resulting communications must be "logically and topically related" to the website interaction that prompted the consent. For example, consent given for a car loan inquiry cannot be used to market debt consolidation services without separate, specific consent.
Implication for B2C & B2B: This reinforces the need for relevant marketing. Businesses need to ensure their lead sources and outreach efforts align directly with what the consumer expressed interest in. This means more targeted marketing and less "daisy-chaining" of leads to unrelated sellers.
National Do Not Call (DNC) Registry Protections Extended to Text Messages:
Rule: It is now explicitly illegal to send marketing texts to numbers on the National Do Not Call Registry without prior express invitation or permission.
Implication for B2C & B2B: This is a significant change for SMS marketing.
Original Intent: This rule aimed to mandate that lead generators obtain explicit, individual consent for each specific seller that would contact a consumer via robocall or robotext. This meant a single consent given on a comparison shopping website, for example, could no longer apply to dozens or hundreds of different companies. Consent had to be "logically and topically related" to the initial interaction.
Implementation Date: It was initially set to take effect on January 27, 2025.
Current Status (Crucial Update): On January 24, 2025, the FCC formally delayed canada phone number list the implementation of the one-to-one consent rule for up to 12 months. Crucially, on the same day, the Eleventh Circuit Court of Appeals vacated this rule, ruling that the FCC lacked the authority to enforce the one-to-one consent requirement as written.
Implication: While the "one-to-one" rule itself has been struck down, the spirit of the FCC's intent towards greater consumer protection and transparency remains. Businesses cannot ignore compliance. The ruling emphasized that the existing TCPA regulations still apply, and businesses should prioritize clear, conspicuous consent and relevant outreach.
Other Key Aspects of Recent FCC Rulings Affecting Lead Generation:
Despite the vacating of the one-to-one rule, several other significant changes and clarifications are in effect or planned:
Clear and Conspicuous Disclosure:
Rule: Regardless of the one-to-one consent status, disclosures when obtaining consent must be "clear and conspicuous," apparent to a reasonable consumer, and not hidden in fine print or behind hyperlinks. Consumers must be informed that they will receive robocalls or robotexts.
Implication for B2C & B2B: Lead forms and consent language must be highly transparent. Generic, vague disclosures are no longer acceptable. This applies to both B2C (e.g., consumer comparison sites) and B2B (e.g., forms for whitepapers where automated follow-up calls are implied).
Logical and Topical Relationship:
Rule: If a consumer gives consent, the resulting communications must be "logically and topically related" to the website interaction that prompted the consent. For example, consent given for a car loan inquiry cannot be used to market debt consolidation services without separate, specific consent.
Implication for B2C & B2B: This reinforces the need for relevant marketing. Businesses need to ensure their lead sources and outreach efforts align directly with what the consumer expressed interest in. This means more targeted marketing and less "daisy-chaining" of leads to unrelated sellers.
National Do Not Call (DNC) Registry Protections Extended to Text Messages:
Rule: It is now explicitly illegal to send marketing texts to numbers on the National Do Not Call Registry without prior express invitation or permission.
Implication for B2C & B2B: This is a significant change for SMS marketing.