The new one-to-one consent rule mandated by the Federal Communications Commission that was to take effect January 27, 2025 was vacated on January 24 by the U.S. Court of Appeals for the Eleventh Circuit, unless or until the FCC revises and resubmits it.
This means you are not legally required to provide verification of one-to-one consent from consumers for your telemarketing and robotexts at this time. However, that said: Commio has checked with our Direct Connect Aggregators (DCAs) about how the mobile carriers plan to deal with the postponement of this rule and they have confirmed that carriers will continue to require one-to-one consent. Per Infobip:
After checking with our team, the FCC postponement will not impact current campaign requirements. The 1:1 consent is expected as per CTIA and carrier code of conduct.
Additionally, one-to-one consent is still a marketing best practice for building consumer trust. Commio strongly encourages you to utilize one-to-one consent and handle consumer data responsibly. Also note that states continue to prioritize consumer consent.
All other components of the Telephone Consumer Protection Act (TCPA) still apply as well, including the need for “prior express written consent” for telemarketing calls and texts made with automated technology or prerecorded voices, and you should always ensure your business meets the current TCPA consent standards.
We will monitor developments from the FCC regarding any potential revisions, as well as any other regulatory updates, and keep you apprised.
If you have any questions about compliance with the TCPA, Commio is happy to help; please contact us here.
