As the one-to-one consent rule approaches implementation, businesses need to prepare for significant changes in handling, managing, and utilizing leads. On January 27, 2025, the Federal Communications Commission’s (FCC) new definition of express written consent will take effect. This rule requires that webforms "clearly and conspicuously authorize no more than one identified seller" to make telemarketing calls. This change has major implications for existing lead portfolios.
One critical misunderstanding among marketers is the assumption that leads obtained under previous consent rules can still be used after January 27, 2025. However, this is incorrect. The new rule applies to all telemarketing calls made on or after this date, regardless of when the lead was generated. Here’s why:
Failure to adhere to the new rule can lead to severe consequences, as demonstrated by historical cases like ViSalus. In 2013, an FCC rule change required express written consent for telemarketing calls. Companies like ViSalus, which relied on previously valid consents, faced massive legal penalties—including a $900 million jury verdict—when their calls became non-compliant under the updated rules.
Similarly, after January 27, 2025, any calls made to old leads without updated one-to-one consent will be illegal if made using regulated technologies such as:
Leads collected under older, broader consent agreements that allowed multiple or unspecified sellers are no longer compliant. These leads cannot be legally sold or used for telemarketing calls using regulated technology.
January 27, 2025, marks a pivotal shift in telemarketing regulations. Businesses that fail to adapt to the one-to-one consent rule risk significant legal and financial consequences. Take proactive steps now to ensure compliance, protect your business, and maintain trust with your audience. Don’t let outdated consent ruin your outreach—start preparing today.
Lead buyers face legal risks when purchasing non-compliant leads. The one-to-one consent rule requires explicit, seller-specific consent for telemarketing using regulated technology. Compliance is critical to avoid liability. While manual calls are exempt from the one-to-one consent rule, they remain subject to Do-Not-Call (DNC) registry regulations and internal opt-out requests. Businesses must ensure all outreach methods comply with applicable telemarketing laws.
Disclaimer: This content is provided as a guide and is not intended to replace legal counsel on compliance matters. Telemarketing regulations and requirements vary and evolve. Each business's obligations differ based on specific operations and state(s) of operation. Please consult with appropriate legal counsel for advice or clarification on your unique compliance needs.