In December 2023, the FCC adopted new regulations to address consumer consent for telemarketing calls and texts. Recognizing the importance of these changes, the FCC has given companies twelve months to comply. The new rules will take effect on January 27, 2025, and impact lead generators, call centers, and sellers.
Current Requirements
Under existing FCC rules, telemarketing calls and texts using automated systems or prerecorded messages require prior express written consent from consumers. This consent must include a clear disclosure that signing the agreement authorizes telemarketing messages and that signing is not a condition for purchasing goods or services. Consent can be provided in various forms, including electronic.
New Lead Generator Rules
Starting January 27, 2025, new requirements will mandate one-to-one consent between each seller and consumer. Each seller must obtain individual consent, even if a website or telemarketer markets multiple sellers. Consent sharing among corporate affiliates will not be allowed. Consent must be obtained through compliant methods such as email, website forms, text messages, telephone keypress, or voice recordings.
Additionally, all communications must be "logically and topically" related to the original consent. For example, consent for lawn services does not extend to life insurance marketing. Sellers must maintain electronic or written records of consent, ensuring compliance with the new rules.
A pending court challenge, Insurance Marketing Coalition, Limited v. FCC, may impact the implementation of the new rules, but it remains undecided as of now.
Key Takeaways
- The new FCC rule effective January 27, 2025, includes:
- One-to-one consent
- Clear and conspicuous disclosure
- Logical and topical relationship
- Recordkeeping
Sellers must ensure telemarketers follow these new lead generation rules. It's crucial to scrutinize telemarketing vendors for compliance and ensure they adhere to the new procedures.
Go to ai.livecontactleads.com for more information about a solution for the new FCC regulations.
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