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First, on January 26, 2025, a new rule will become effective preventing marketing calls using regulated technology unless the consumer has specifically requested to hear from “no more than one identified seller” on a consumer form.  Under the new rule businesses who generate leads must obtain “one-to-one” consent. Prior to this new rule multiple entities -both the first party and third parties- were allowed to be listed on a single customer consent form.  However, under the new rule only a single entity is allowed to be included on the consent form. 

Failure to obtain the customer’s individual seller consent from the customer made after January 26, 2025, will be illegal that carries up to $1,500.00 per call penalties. Moreover, private litigators can sue callers in class action and seek up to four years of damages for all calls made to any consumers that violate the Act in a single lawsuit.  Plus, personal liability is available in many instances. This makes TCPA compliance critical to any company engaging in outbound calls– including for servicing or transactional purposes.

As previously reported, at its December 13, 2023 meeting, the Federal Communications Commission (FCC) issued an Order adopting new rules aimed at closing the “lead generator loophole” in the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227. See Second Report and Order.

The new rules relating to lead generators will not go into effect for 12 months to give the industry time to change its policies and procedures to comply with the new rules.  (See:  FCC 23-107 – Second Report And Order, Second Further Notice Of Proposed Rulemaking In CG Docket Nos. 02-278 And 21-402, And Waiver Order In CG Docket No. 17-59.)

Second, on April 11, 2025, the Telephone Consumer Protection Act (TCPA) has several new rules and amendments that become effective on April 11, 2025.

As background, in February 2024, the FCC adopted a Report and Order imposing a number of new TCPA caller and texter compliance obligations in connection with consumer revocation requests, which are applicable to calls and text messages that otherwise require consent under the TCPA and the FCC’s rules. In an October 11, 2024 Public Notice, the FCC announced that it has received Office of Management and Budget approval of the opt-out rules, and that the rules will become effective on April 11, 2025.

A new set of rules will go into effect requiring businesses to take expansive steps to stop calls at a consumer’s request. The new rules greatly change current practices and assure consumer requests that calls stop are heeded, even if a business is contacting a consumer across multiple channels and for multiple reasons. The rule will allow consumers to stop calls “in any reasonable manner” and will require businesses to comply with the complex revocation rules within ten business days. Again,  failure to comply with the rule will trigger TCPA penalties of up to $1,500.00 per call for each call placed in violation of the rule.

Among other things: 

• Businesses will have 10 business days to honor revocation;
• Any reasonable revocation to a marketing message will presumptively require all marketing messages to stop across all channels;
• Any revocation to an informational message will presumptively require all messages to stop across all channels; and
• Businesses can send a one-time message to clarify scope of opt out for situations #2 and #3 above but must be sent within five minutes of the opt out.