On December 23, 2024, the Consumer and Governmental Affairs Bureau (“CGB”) released a Fact Sheet answering frequently asked questions regarding the FCC’s Telephone Consumer Protection Act (“TCPA”) one-to-one consent rule, adopted in a December 2023 Order. Key clarifications include:
- New One-to-One Consent Rule: Effective January 27, 2025, telemarketers must obtain explicit written consent from consumers for each individual seller before making robocalls or sending robotexts. This is intended to close the “lead generator loophole” and ensure consumers are not overwhelmed with marketing communications from multiple sellers.
- Comparison Shopping Websites: Consumers must provide separate consent for each seller when using such websites. Disclosures must be clear, and communication topics must align with the context in which consent was given.
- Application of the Rule: The one-to-one consent rule applies to calls using autodialers or prerecorded and artificial voice messages. It does not affect live telemarketing calls without such technology unless the third party reconnects with a consumer later.
- Purpose of the Rule: The rule addresses abusive telemarketing practices and aligns with the Federal Trade Communications Telemarketing Sales Rule, which also requires one-to-one consent. It aims to prevent spam communications that claim dubious consent.
- Background on TCPA: Enacted in 1991, the TCPA restricts non-emergency robocalls to residential and wireless lines without prior consent. Recent FCC actions have focused on enabling consumers to revoke consent and addressing the abuse of artificial intelligence in robocalls.
- Do-Not-Call Registry: The rule strengthens protections for numbers on the National Do-Not-Call (“DNC”) Registry. Consumers can still provide explicit written consent for specific sellers, even if their number is on the DNC list.
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