Understanding the FCC’s Revised Consent Requirements for Small Businesses

The FCC's Small Entity Compliance Guide, as outlined in the Targeting and Eliminating Unlawful Text Messages, Second Report and Order, clarifies how small business must obtain consent before sending marketing or solicitation texts to consumers who are listed in the National Do Not Call (DNC) Registry.

The revised guidelines emphasize that "prior express written consent" must be given directly from the consumer to the company that intends to make the call or send the text message. Consent cannot be transferred or assumed across multiple sellers or companies—it must be specific and one-to-one.

1. Written Agreement Required: Consent must be documented with a written agreement, signed by the consumer.

2. One-to-One Authorization: The agreement must specify and authorize only one seller, ensuring that the consent is not used broadly across multiple companies.

3. Specific Phone Number Identification: The consumer must provide the exact phone number where they agree to receive marketing messages.

4. Contextual Relevance: Any marketing communication must be directly related to the original interaction where the consent was obtained, such as a website visit or form submission.

In sum, calls and texts must be logically and topically associated with the interaction that prompted the consent.

For small businesses, adhering to the FCC's one-to-one rule is critical to maintaining trust with consumers and avoiding legal repercussions. Violations of this rule can result in hefty fines, lawsuits, and damage to a business’s reputation.

By obtaining proper consent and ensuring that messages are relevant to the consumer's original interaction, small businesses can engage in responsible marketing practices while staying within the bounds of the law.

DISCLAIMER: _The information on this page and related links is provided for general education purposes only and is not legal advice. Convoso does not guarantee the accuracy or appropriateness of this information to your situation. You are solely responsible for using Convoso’s services in a legally compliant way and should consult your legal counsel for compliance advice. Any quotes are solely the views of the quoted person and do not necessarily reflect the views or opinions of Convoso.