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Key Update

The Federal Communications Commission (FCC) has postponed the implementation of its 1-to-1 consent ruling, originally set to take effect on January 27, 2025. On January 24, 2025, the FCC announced a delay in the ruling which pushes the effective date to January 26, 2026, pending the resolution of petition filed by Insurance Marketing Coalition Ltd v. FCC in the 11th Circuit Court. That same day, January 24, 2025, the 11th circuit court vacated the “1 to 1 consent rule” and “logically and topically related” requirements striking down the FCC ruling.

What now? 

• Consumers can consent to multiple entities at once
• Consumers can consent to unrelated calls so long as the consent is clearly and conspicuously stated prior to consent.
• The regulatory burdens of obtaining 1 to 1 consent under the TCPA are now gone.
• It is critical to assess your compliance with other Federal and State regulations.

What was the 1-to-1 Consent Ruling?
The FCC’s ruling, adopted in December 2023, redefined “prior express written consent” for telemarketing under the Telephone Consumer Protection Act (TCPA). Those changes aimed to eliminate loopholes exploited by lead generators, requiring that consent:

• Be obtained directly from consumers for a single seller at a time.
• Prohibit consent forms listing multiple sellers or relying on generic “marketing partners” hyperlinks.
• Include clear and conspicuous disclosures about robocalls or texts, with websites and forms providing logically related information about the seller.

This ruling addressed consumer frustrations with unrelated telemarketing calls while significantly impacting lead generators, sellers, and small businesses.

Best Practices for staying prepared for a new potential ruling from the FCC.

Here’s a checklist:

1. Credential Lead Suppliers
   Verify all suppliers providing lead opt-in consent to confirm authenticity.
2. Audit Compliance Procedures
   Review lead flow processes to ensure clarity in disclosures and topically relevant webforms.
3. Obtain Clear & Conspicuous Consent 
4. Use disclosures that are specific & conspicuous
5. Claim and securely store consent tokens as part of your compliance defense.
6. Enhance Fraud Detection
7. Require lead generators to incorporate robust fraud detection systems.
8. Fraud is a liability issue in lead generation
9. Use Reassigned Number Database
   Implement FCC’s Reassigned Number Database to avoid contacting incorrect numbers.
10. Ban AI or Pre-Recorded Voice Systems
    Prohibit call centers from using pre-recorded or AI-generated voices for these leads.
11. Keep Detailed Records
    Maintain comprehensive documentation, including:

• Consumer name and number.
• Consent copy (as presented).
• Consent purpose, date, and billing details if applicable.

What’s Next?

While the FCC  1 to 1 consent rule is dead for now the TCPA and FTC requirements remain in full effect. Businesses should be proactively reviewing their lead generation providers, processes and compliance. Ensuring compliance now will minimize disruptions and liabilities should any new rules be implemented.

For assistance navigating these regulatory changes, contact Nexxa Group. Our expertise in compliance, fraud detection, and lead generation strategies can help you stay compliant.

Disclaimer: This update is for informational purposes only and does not constitute legal advice. Consult your legal counsel for specific guidance.