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Understanding the FCC’s One-to-One Consent Rule Update

by | Sep 24, 2024 | Uncategorized | 0 comments

Are you familiar with the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) one-to-one consent rule? If not, your business could be at risk of costly fines and reputational damage.
In this comprehensive blog, we’ll explore the FCC one-to-one consent rule, covering its significance, requirements, exceptions, and best practices for compliance. By the end, you’ll have a clear understanding of how to stay compliant and protect your business.

What Is the FCC’s TCPA One-to-One Consent Rule?

The one-to-one consent rule under the TCPA mandates that businesses obtain prior express written consent from consumers before sending marketing communications, particularly robocalls or automated text messages. The key distinction of this rule is that each individual seller must obtain explicit permission to contact the consumer—meaning consent cannot be broadly applied across multiple businesses through a single opt-in.
This rule, which was adopted on December 13, 2023, and will be enforced starting January 27, 2025, is part of the FCC’s broader effort to protect consumers from unwanted and intrusive communications .
Why Is the TCPA One-to-One Consent Rule So Important?
In today’s digital age, consumers are often overwhelmed with marketing communications, including unsolicited robocalls and text messages. The FCC’s recent one-to-one consent ruling is intended to shield consumers from such invasions of privacy.
For businesses, adhering to this rule is more than just about staying compliant. It demonstrates respect for customer preferences and fosters trust, ultimately building stronger, long-term relationships. Customers who feel their privacy is respected are more likely to engage positively with your brand.
By prioritizing consent, businesses can avoid the backlash of non-compliance, which can result in hefty fines, lawsuits, and reputational harm.
Key Requirements Under the FCC’s One-to-One Consent Rule
To remain compliant, businesses need to follow several key regulations under the FCC’s one-to-one consent rule:
  1. Individual Record of Consent for Each Seller:
    • Each seller or lead generator must obtain and store written consent from the consumer before making calls or sending texts using automated dialing systems.
    • The consumer must give express consent for each specific business. For example, if a consumer opts in on a comparison site, they must individually select the sellers they are giving consent to communicate with them.
    • Consent must comply with the E-SIGN Act, meaning it can be captured digitally with a signature .
  2. Clear and Conspicuous Disclosure:
    • The consumer must be fully aware that they are consenting to receive marketing calls or texts from the business in question. The consent request must be clear and conspicuous, informing consumers that they may receive automated calls or texts .
  3. Relevant and Topical Communication:
    • The content of communications must be relevant to the initial reason for consent. For instance, if a consumer consents to receive information about mortgage options, they should not be bombarded with unrelated offers like debt consolidation .
  4. Do-Not-Call (DNC) List Compliance:
    • Text messages are subject to the same rules as phone calls under the National Do-Not-Call (DNC) Registry. Businesses cannot send marketing texts to consumers who have opted out via the DNC list, unless they have explicit permission .
    • Mobile carriers are also required to block text messages flagged as illegal or suspicious, adding another layer of protection for consumers .
  5. Record-Keeping:
    • Businesses must keep records of consent for at least five years, in compliance with both FCC and Federal Trade Commission (FTC) regulations. These records are crucial in the event of a regulatory inquiry or lawsuit .
What Are the Exceptions to the FCC One-to-One Consent Rule?
The one-to-one consent rule provides some exceptions, particularly for emergency communications. Businesses are allowed to send texts or make automated calls without prior consent in cases involving health and safety alerts, such as severe weather warnings, recalls, or public safety notifications .
Best Practices for Compliance with the FCC One-to-One Consent Rule
Staying compliant with the one-to-one consent rule requires businesses to implement clear procedures. Here are a few best practices:
  1. Obtain Clear, Written Consent:
    • Always get explicit written consent before sending automated communications. Ensure your consent language is simple, clear, and allows consumers to easily opt-out.
  2. Document Consent Thoroughly:
    • Record when, where, and how consent was given. Store these records in a secure database for future reference, ensuring compliance with TCPA and E-SIGN Act requirements .
  3. Provide Easy Opt-Out Options:
    • Always include a clear and simple opt-out mechanism in every message, such as a STOP keyword for texts or an unsubscribe link in emails .
  4. Regular Training for Your Team:
    • Ensure all employees are up to date on TCPA regulations. Regular training can help avoid mistakes and demonstrates your company’s commitment to compliance.
  5. Utilize Consent Management Platforms:
    • Consider using tools like TrustedForm to streamline and automate consent collection. TrustedForm can help document when and where consent was obtained, reducing the risk of non-compliance .
Consequences of Non-Compliance
Failing to comply with the FCC’s one-to-one consent rule can result in severe penalties. Violators may face fines of up to $500 per violation, and $1,500 per willful violation, which can quickly add up in large-scale marketing campaigns . Additionally, non-compliance can lead to class-action lawsuits, tarnishing your brand’s reputation.
Preparing for the January 2025 Deadline
Businesses have until January 27, 2025, to adjust their practices and comply with the one-to-one consent rule. Use this time wisely to implement best practices, ensure your systems are up to date, and train your staff on the importance of compliance.
By following these steps and prioritizing customer consent, your business can build stronger relationships with consumers and avoid the pitfalls of non-compliance.

 

Sources:
  • FCC TCPA Regulations Overview
  • FTC Telemarketing Sales Rule
  • TrustedForm for Consent Management