FCC Adopts New Telemarketing Consent Rule Based on Bipartisan AG Coalition’s Input

  • The FCC, utilizing input from a bipartisan coalition of 29 AGs, has adopted a new one-to-one consent rule that prevents lead generators from obtaining consumer consent for multiple business sellers at the same time.
  • The rule is meant to prevent lead generators from misleading consumers who believe they are consenting to a single company’s telecommunications, and then using that consent to allow multiple businesses or sellers to send unwanted calls and text messages on subjects beyond the scope of the original consent. The rule makes clear that websites and lead generators must obtain consumer consent to receiving robocalls and robotexts one seller at a time.
  • The new rule comes after the AGs sent a letter to the FCC in June 2023 asking the Commission to close the loophole that allowed companies to avoid provisions of the Telephone Consumer Protection Act requiring prior express consent to sending consumers marketing communications.
  • In addition to closing the lead generator loophole, the new rule also empowers the FCC to ‘red flag’ specific numbers, mandating mobile carriers to block texts from these numbers. Additionally, the rule establishes that Do-Not-Call list protections extend to text messaging, making it unlawful to send marketing texts to numbers on the registry.