FCC Publishes FAQs on One-to-One Consent Rule

The Federal Communications Commission (FCC) published a frequently asked questions guide addressing the new one-to-one consent rule taking effect on January 27, 2025. 

The updates aim to combat unsolicited and illegal telemarketing, closing a loophole that had allowed certain callers to inundate consumers with unwanted robocalls and robotexts. 

Here’s some of the basic information: 

What is the one-to-one consent rule?

The new rule mandates that businesses obtain prior express written consent from consumers for each seller individually. Unlike the previous system, where a single opt-in could authorize communications from multiple companies, consumers now must explicitly consent to each seller contacting them. For example, on comparison shopping websites, consumers will need to check separate boxes for each seller they wish to hear from.

Why was this rule adopted?

The FCC implemented this rule to close the loophole exploited by lead generators, where a single opt-in could result in a flood of unsolicited communications. The rule is also in alignment with the Federal Trade Commission’s Telemarketing Sales Rule, reinforcing the need for transparency and consumer control in telemarketing practices.

What are the rule’s limitations and specifics?

The one-to-one consent rule applies specifically to calls and texts made using autodialers or prerecorded messages. Live telemarketing calls that do not use such technologies are not subject to the rule. However, if a third party follows up with calls that use these methods, the necessary consent must be obtained in advance.

Consumers registered on the Do-Not-Call (DNC) Registry are still protected, but they can opt to provide consent for specific sellers.

What businesses should do now

1. Review and revise their consent mechanisms to ensure they meet the one-to-one consent requirements.

2. Clearly disclose the purpose of communications and identify the sellers involved.

3. Update internal systems to capture and track individualized consent for each seller.

For further information, the full Second Report and Order is available here.

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