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How the Exit of 1:1 Consent Rule Impacts Sales and Lead Gen Contact Centers

Following up on the strike down of the FCC one-to-one consent rule by the 11th Circuit Court, this webinar reviewed what was behind the unexpected pivot and how businesses should position themselves moving forward in 2025. Michele Shuster, Managing Partner at MacMurray & Shuster LLP, and Paul St. Clair, Head of Compliance at Convoso, discuss the determination that the FCC overstepped its authority by requiring consent from consumers to only one seller. They recommend that businesses review their consent processes and maintain compliance with existing TCPA regulations. The discussion highlighted the need for organizations to integrate compliance measures with technology and remain vigilant in the evolving landscape.


Key Takeaways

1. Court Ruling on One-to-One Consent

  • The FCC's one-to-one consent rule, introduced in December 2023, required consumer consent to be tied to a single seller and limited consent forms to logically and topically related products.

  • The 11th Circuit ruled that the FCC exceeded its authority, as the rule was not supported by the statutory language of the TCPA.

  • This decision provides businesses with relief, allowing consumers to consent to multiple sellers through a single form.

2. Remaining Compliance Considerations

  • Pre-existing TCPA rules, such as the 10-day requirement for honoring revocation of consent, remain in effect. Businesses must still honor consumer preferences promptly, especially for text messages.

  • Companies should ensure that consent forms are clear, conspicuous, and explicitly state that consumers will receive marketing communications.

3. Implications for Lead Generators and Affiliates

  • The ruling raises questions about the use of terms like "affiliates" in consent forms. While the decision allows more flexibility, businesses should aim to be as precise as possible when listing entities that may contact consumers.

4. State and Legal Activity

  • While the 11th Circuit’s decision struck down the FCC’s one-to-one consent rule, state regulators may enact new consent laws and private litigators remain active in pursuing entrapments around TCPA provisions. Businesses should remain vigilant in their compliance efforts.

5. Text Messaging Rules

  • Text messages are subject to the TCPA and must comply with do-not-call requests. Companies should regularly review text messaging practices to ensure adherence to evolving regulations.


Looking Ahead
Although the court's ruling offers some relief, businesses should seize this opportunity to strengthen their compliance frameworks in both support technology and operational strategies and processes. It’s vital to focus on clear consent mechanisms, collaborate with trusted vendors, and stay informed about potential regulatory changes.

For further questions or assistance, contact Convoso’s compliance experts.