Call to Action

What is the FCC’S “One to One Consent” Rule?

Do you remember when the “Do Not Call” registry went into effect? For a time, placing one’s name on the registry noticeably limited unwanted telephone solicitations. Over time, however, the registry’s impact has waned. Moreover, in a world increasingly dependent on smart phones, text messages … and text solicitations … have moved to the front of unwanted intrusions from marketers. Help may be on the way.

Starting on January 27, 2025, tighter rules from the Federal Communications Commission (FCC) take effect. Among other things, the new rules introduce a very explicit, so-called “one to one” consent requirement for sending phone and text solicitations. The rule seeks to stop lead generators and other marketers from using a single consumer consent as the gateway to send that same consumer multiple solicitations from multiple sources.

Currently, an online shopper might visit a retailer’s website and consent to receiving future solicitations or marketing materials from that retailer. What the shopper may not realize is that the consent has been bundled to permit solicitations from multiple sellers beyond the retail site at issue. Under the new rules, marketers and sellers must obtain clear and conspicuous, separate consent for each seller that proposes to send solicitations.

No doubt savvy marketers will continue to work to find ways around the rules, hoping to fill people’s inboxes with tempting solicitations to shop and buy. But if the rule delivers as intended, consumers have reason to hope for a respite from unwanted phone solicitations from unknown callers.

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