FCC’s One-To-One Consent Rule Takes Effect in January | Sheppard Mullin Richter & Hampton LLP

For those who send marketing texts, keep in mind the FCC one-to-one consent rule update. It has been getting some publicity, and takes effect January 27, 2025. As most are aware, TCPA requires getting consent before sending certain automated texts. For automated marketing texts, prior express written (i.e. signed) consent is needed.

Under the updated TCPA rule, the FCC has expressly indicated that business’s cannot rely on a third party’s consent. According to the FCC, this will close a “lead generator loophole.” As amended, the rule now indicates that a consent to send an automated marketing text can authorize “no more than one identified seller” to send (or cause to be sent) a marketing text.

Putting it into Practice: This modification will likely have minimal impact on most companies who conduct marketing text campaigns. It serves as a reminder, however, to check your consent process, especially if you are working with a vendor for number acquisitions.