FCC RULES FAQ CONT .
partner pages that linked thousands of companies that the consumer might be providing consent to receive calls from . And fine-print disclosures might allow a consumer to receive calls from business selling products unrelated to the consumer ’ s request . ( For instance , a website offering information about a home for sale might include fine print allowing the consumer ’ s data to be sold to a mortgage lender or insurance broker to receive calls .)
The new one-to-one rule stops these practices and requires website operators to specifically identify each good or service provider that might be contacting the consumer and requires the consumer to select each such provider on a one-byone basis in order for consent to be valid .
WILL THE FCC ’ S ONE-TO- ONE RULING IMPACT ME ?
If you are buying or selling leads , yes , this ruling will affect you .
If you are a BPO or call center that relies on leads , yes , this ruling will affect you .
If you are a CPaaS or communication platform , yes , this ruling will affect you .
If you are a telecom carrier , yes , this ruling will affect you .
If you are a lead gen platform or service provider , yes , this ruling will affect you .
If you generate first-party leads , yes , this ruling will affect you .
WHEN DOES THE RULE GO INTO EFFECT ?
The ruling applies to all calls made in reliance on leads beginning January 27 , 2025 .
However , the ruling applies regardless of the date the lead was generated . So compliance efforts need to begin early so as to assure a pipeline of available leads to contact on that date .
In other words , all leads not in compliance with the FCC ’ s oneto-one rule cannot be called beginning January 27 , 2025 .
WHAT DO I HAVE TO DO TO COMPLY ?
Three things :
i ) Comply with the rather complex , but navigable , new one-to-one rule paradigm ( the Troutman Amin Fifteen is a handy checklist to assist you );
ii ) Assure the lead is being captured in a manner that is “ logically and topically ” related to the calls that will be placed ; and
iii ) Assure the caller has possession of the consent record before the call is made .
These are the three core requirements , but there are a lot of nuances to it . Again — get a lawyer . Do not just rely on this article !
CAN I AVOID THE RULING BY DIALING MANUALLY ?
Yes and no .
Technically , this rule only applies to the definition of express written consent , which only applies to calls made using regulated technology for marketing purposes .
So , yes , you can rely on old leads if you are dialing “ manually ,” with a few caveats :
i ) The definition of what sorts of autodialers are covered by the TCPA is incredibly complex and shifting . You should definitely consider using human selection vendors — such as Safe Select or Drips ’ Initiate platform — rather than assuming your click-to-dial process is sufficient . ( Again , get a lawyer !)
ii ) There is some ( relatively minor , in my view ) risk that the one-to-one rule also applies to numbers on the DNC list , even if dialed manually . I do not believe this is the law , but some powerful forces are advocating otherwise , and this issue will be tested in court . That creates another level of risk for those hoping to avoid one-to-one by dialing manually . ( Of course , you could always just scrub out DNC numbers from your campaign .)
iii ) There are also state laws — such as those in Connecticut — that will prevent calls made without prior express written consent ( PEWC ), even if they are permitted by federal law . ( Have I mentioned you should get a lawyer to help you ?)
WHAT DOES “ TOPICALLY AND LOGICALLY RELATED ” MEAN ?
Nobody knows for sure .
The examples the Commission uses in framing the rule are pretty extreme — e . g ., offering car insurance to someone who just wanted a mortgage rate — but there is good reason to believe the rule will limit any sort of cross-sharing of consents across subsidiaries or for different product types , even within the same vertical .
It is best to be conservative here until the courts have had a chance to define this phrase . For instance , if a consumer applies for a mortgage , it is probably best not to offer the consumer ancillary products — even if they are finance-related — unless they directly relate to the mortgage transaction .
WHAT DOES IT MEAN THAT A CALLER MUST HAVE POSSESSION OF THE CONSENT FORM BEFORE THE CALL IS MADE ?
This is one of the most overlooked portions of the new FCC one-toone ruling and may ultimately be one of the most impactful .
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