TCPA Update: FCC Implements New One-to-One Consent Rule
This change is expected to bring a new wave of litigation challenging whether the asserted consent was given for the specific marketer, the disclosure of the consent was clear and conspicuous, and the marketer's contact is logically and topically associated with the interaction that prompted the consumer to grant their consent.
May 29, 2024 at 09:44 AM
5 minute read
Samantha Duke of Rumberger Kirk. Courtesy photo Recently, the FCC adopted a new rule impacting what constitutes prior express written consent under the Telephone Consumer Protection Act (TCPA). The new rule, which goes into effect on Jan. 27, 2025, requires that prior express written consent be obtained separately for each company seeking to use such consent. In other words, there must be "one-to-one" consent.
The TCPA requires prior express written consent for calls and texts that contain an artificial or prerecorded voice or are sent using an "automatic telephone dialing system." The new one-to-one consent rule now modifies the definition of "prior express written consent" to state:
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