The FCC one-to-one consent rule and how it impacts lead generation marketing

Performance marketers, brands, and agencies be prepared. The Federal Communications Commission (FCC) has adopted a new “one-to-one consent” rule under the Telephone Consumer Protection Act (TCPA) that will significantly impact lead generation and telemarketing practices. This rule goes into effect on January 27, 2025

Key Points of the New Rule

The new rule modifies the definition of “prior express written consent” to require:

1. Separate consent for each company: Marketers must obtain prior express written consent individually for each company seeking to contact a consumer.
2. Clear disclosure: The consent must be obtained through a clear and conspicuous disclosure.
3. Logical association: The content of subsequent robocalls or robotexts must be logically and topically associated with the interaction that prompted the consent.
4. Identification: The agreement must identify the specific telephone number to which the consumer authorizes messages to be delivered.

Impact on Lead Generation Marketing

The new FCC one-to-one consent rule will significantly impact current lead generation strategies, requiring substantial changes to how businesses obtain and use consumer consent. Here are the key ways it will affect lead generation.

The rule will have significant implications for lead generation and comparison shopping websites:

1. No more blanket consent: Websites can no longer obtain a single blanket consent applicable to multiple sellers at once.
2. Individual selection: Comparison shopping websites may need to provide a list of sellers that consumers can affirmatively select to be contacted.
3. Increased transparency: Consumers must be clearly informed about which specific companies they are consenting to receive communications from.
4. Content limitations: Communications must be related to the context in which consent was given. For example, consent given on a car loan comparison site doesn’t extend to loan consolidation offers.
5. Record-keeping: Both lead generators and buyers must maintain records of consent.
6. Compliance burden: The onus will be on the caller/texter to prove they have consent that satisfies the new regulations.

How will the new one-to-one consent rule affect current lead generation strategies?

The rule significantly impacts current lead generation strategies, requiring substantial changes to how businesses obtain and use consumer consent. Here are the key ways it will affect lead generation:

Consent Collection Process

1. Individual seller consent: You must now obtain separate, explicit consent for each individual company that wishes to contact a consumer. Blanket consent for multiple “marketing partners” is no longer valid.
2. Clear disclosure: The consent process must include clear and conspicuous disclosure about which specific company will be contacting the consumer.
3. Checkbox lists: You may need to implement checkbox lists or similar mechanisms allowing consumers to select individual sellers they want to hear from.
4. Direct consent collection: Consider incorporating click-through links that allow consumers to provide consent directly on the seller’s website.

Content Limitations

1. Logical and topical association: The content of subsequent calls or texts must be logically and topically related to the context in which consent was given.
2. Scope limitation: You’ll need to carefully define and limit the scope of communications to what consumers would reasonably expect based on their initial interaction.

Record-Keeping and Compliance

1. .Detailed consent records: Both lead generators and buyers must maintain comprehensive records of consent for each consumer and seller
2. Caller responsibility: The onus is on the caller/texter to prove they have valid consent that satisfies the new regulations.
3. Third-party reliance: Callers cannot rely solely on third-party lead generators to maintain consent records. They must obtain complete consent records before contacting consumers.

Strategy Adjustments

To adapt to these changes, you’ll likely need to:

1. Review and update all consent collection processes and forms.
2. Modify websites and landing pages to allow for individual company selection.
3. Implement new systems to track and maintain detailed consent records.
4. Retrain staff on the new requirements and update internal policies.
5. Re-evaluate partnerships with lead generators to ensure their practices will comply with the new rule.
6. Consider multi-channel approaches to capture compliant consent, such as email campaigns to secure consent for future communications.

Existing Leads

Your current lead database may be significantly impacted:

1. Re-consent campaigns: You may need to run campaigns to obtain new, compliant consent from existing leads before the January 2025 deadline.
2. Data cleansing: Review and update your existing lead data, removing outdated information and scrubbing against the National Do Not Call Registry.

By proactively addressing these changes, you can minimize disruption to your lead generation efforts while ensuring compliance with the new FCC rule. Remember, the deadline for implementation is January 27, 2025, so it’s crucial to start adapting your strategies now