FCC RULES FAQ CONT .
consumer ’ s best interest ( you cannot just sell to highest bidder .) Plus the consumer must sign on and agree to the service before offers are made . And in many states / verticals , broker licenses will be required along with heightened regulatory scrutiny . ( Have I mentioned you should have a lawyer help you with this yet ?)
WAIT , SO I AM NOT THE “ SELLER ” UNDER THE FCC ONE-TO-ONE RULE EVEN THOUGH I AM SELLING LEADS ?
Correct . This is highly confusing , I know .
In the lead gen industry , “ sellers ” refers to lead seller , but under the FCC one-to-one rule , the ultimate “ buyer ” of the lead is actually the “ seller .”
Again , it is the ultimate good or service provider that is the “ seller ” under the FCC ’ s one-to-one rule .
WAIT , SO I AM NOT THE “ SELLER ” UNDER THE FCC ONE-TO-ONE RULE EVEN THOUGH I AM SELLING A GOOD OR SERVICE ?
Correct .
Ironically , you are not the “ seller ” even if you are the agency selling a product . For instance , an independent insurance agent selling insurance is still not the “ seller .” The insurance carrier is .
Wild . I know .
IS A LEAD VALID FOR AN INDEPENDENT AGENT TO CALL IF THE INSURER / CARRIER NAME IS ON THE FORM ?
Yes .
One of the oddest wrinkles of the one-to-one rule ’ s focus on “ seller ” is that if a consumer agrees to hear from a brand —– e . g ., an insurer or carrier — everyone authorized to call on behalf of that copay can likely buy that lead . That means independent agents authorized to sell a product do not need to be listed individually on a lead form .
( Again , get your own counsel on this , but that is the Czar ’ s take .)
CAN I OBTAIN EXPRESS WRITTEN CONSENT ORALLY ON INBOUND CALLS ?
No . Don ’ t ask again .
HOW MANY “ SELLERS ” CAN I LIST ON THE FORM ?
There is no clear answer .
Troutman Amin , LLP recommends no more than the consumer can see visually on a single frame of the website based upon the manner in which the consumer is viewing the page .
However , the FCC did not specifically identify a limit , so the courts will need to figure this out .
The good news is that you are not required to list only one seller on the page , but the consumer must select each seller individually , likely using check boxes .
Consider using the Troutman Amin Fifteen as a high-level compliance guide . ( But get your own counsel !)
ARE THERE VENDOR SOLUTIONS OUT THERE TO ASSIST ?
Yes . Tons .
The R . E . A . C . H . tech committee is full of great vendors that can assist . Reach out to me and I can connect you with resources to assist .
CAN THESE RULES CHANGE BEFORE THEY GO INTO EFFECT ?
Unfortunately , yes .
Much of what I have laid out above is not going to change , but some changes may occur . This is so because the FCC reopened the comment window to analyze the effect of the rule on small business .
TCPAWorld . com will alert everyone ASAP once the changes come out .
WHERE CAN I GET MORE INFORMATION ABOUT THE FCC ONE-TO-ONE RULE ?
Luckily there are a tons of resources around this :
1 . Follow TCPAWorld . com . We break all the developments around this daily . And be sure to check out our Lead Gen Resources page .
2 . Follow Troutman Amin , LLPs YouTube channel . There are tons of helpful videos on the subject , with more to come .
3 . Join R . E . A . C . H . now . A fantastic trade organization of compliant companies within the lead generation industry with tons of great resources available .
4 . Attend a conference where Troutman Amin , LLP lawyers are speaking to gather the latest information in real time . The next and biggest such event is the Law Conference of Champions on July 15 , 2024 .
5 . Follow the FCC ’ s and FTC ’ s websites .
6 . Get experienced counsel who can assist you . Troutman Amin , LLP is still taking on clients , but we are not the only lawyers out there ( probably the best , though .)
I hope this was helpful . If so , please share it .
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