Late last year, we discussed the Federal Communications Commission’s (FCC) new rule aimed at closing the “lead generator” loophole by requiring telemarketers to obtain one-to-one consent from consumers for robocalls and robotexts. This rule mandates that consent must be provided for each individual seller or brand, rather than allowing a single consent to apply to multiple telemarketers. The rule also includes requirements for clear and conspicuous disclosures and ensures that robocalls and robotexts are logically and topically related to the interaction that prompted the consent. The new rule also permits blocking “red flagged” robotexting numbers, codifies do-not-call rules for texting, and encourages an opt-in approach for delivering email-to-text messages.
On November 19, the FCC confirmed that the effective date for this one-to-one consent rule is set for January 27, 2025. This date marks 12 months after the rule was published in the Federal Register on January 26, 2024, following the Office of Management and Budget’s approval of the information collection requirements on September 26, 2024.
