ARTICLE
27 December 2024

FCC's One-To-One Consent Rule Takes Effect In January

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Sheppard Mullin Richter & Hampton

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Sheppard Mullin is a full service Global 100 firm with over 1,000 attorneys in 16 offices located in the United States, Europe and Asia. Since 1927, companies have turned to Sheppard Mullin to handle corporate and technology matters, high stakes litigation and complex financial transactions. In the US, the firm’s clients include more than half of the Fortune 100.
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...
United States Media, Telecoms, IT, Entertainment

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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.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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