The Federal Communications Commission (FCC) has recently adopted a significant change under the Telephone Consumer Protection Act (TCPA). This new regulation requires that prior express written consent be obtained on a one-to-one basis for each company looking to use such consent. Taking effect on January 27, 2025, this one-to-one consent rule modifies the definition of prior express written consent to ensure that each agreement, in writing, bears the signature of the person called or texted and authorizes only one identified seller to deliver advertisements or telemarketing messages.
The rule elaborates that the provided consent must be clear and conspicuous and distinctly identify the telephone number to which such ads or messages are to be delivered. The calls and texts must also be logically and topically associated with the interaction that initially elicited the consent. This new measure is expected to bring a new wave of litigation challenging the specificity and clarity of the asserted consent, and whether the marketer’s communication is adequately related to the initial interaction prompting consumer consent.