By John Henson
FCC RULES FAQ
CONFUSED ABOUT THE FCC ’ S NEW ONE-TO-ONE CONSENT RULES ?
You ’ re Not Alone . Here Are Some FAQs Answered For You !
By John Henson
SO we had a big R . E . A . C . H . monthly member call recently with tons of participation . It went really well and we heard a lot about what folks are concerned about in the industry . There still seems to be a lot of confusion about it , so let me help with answers to some critical questions .
None of this is legal advice . It ’ s absolutely critical you hire a lawyer — and a good one — to assist you here , but this should help orient you .
WHAT IS THE NEW FCC ONE-TO-ONE RULING ?
The FCC ’ s one-to-one ruling is a new federal regulation that alters the TCPA ’ s express written consent definition in a manner that requires consumers to select each “ seller ”— that is , the ultimate good or service provider — the consumer chooses to receive calls from individually .
The ruling also limits the scope of consent to matters “ logically and topically ” related to the transaction that lead to consent .
Under the TCPA , express written consent is required for any call that is made using regulated technology , which includes autodialers ( ATDS ), prerecorded or artificial voice calls , AI voice calls , and any form of outbound IVR or voicemail technology ( including ringless ) using prerecorded or artificial voice messages .
WHY DOES THE FCC ’ S NEW ONE-TO-ONE RULING MATTER ?
Currently , online webforms and comparison shopping websites are used to generate “ leads ” for directto-consumer marketers , insurance agents , real estate agents , and product sellers in numerous verticals .
Millions of leads a month are sold by tens of thousands of lead generation websites , leading to hundreds of millions of regulated marketing calls by businesses that rely on these websites to provide “ leads ”— consumers interested in hearing about their goods or services .
Prior to the new one-to-one ruling , website operators were free to include
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