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:

The term prior express written consent means an agreement, in writing, that bears the signature of the person called or texted that clearly and conspicuously authorizes no more than one identified seller to deliver or cause to be delivered to the person called or texted advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice. Calls and texts must be logically and topically associated with the interaction that prompted the consent and the agreement must identify the telephone number to which the signatory authorizes such advertisements or telemarketing messages to be delivered (emphasis added).