Video: How to Comply With FCC’s One-to-One Consent Rule

Scott Navratil

Get Compliant with the New FCC Consent Rules Now

The FCC’s groundbreaking one-to-one consent rule goes into effect now and consumers couldn’t be more thrilled! Businesses…maybe less so. The update, part of the Telephone Consumer Protection Act (TCPA), redefines how businesses are allowed to interact with consumers through telemarketing, robotexts, and lead generation—and it’s BIG.

If you purchase or sell lead lists…or share lists with your sister brands…or scrape websites…or just plain assume that customers want your calls and texts, this webinar is for you. Commio VP and communications expert Scott Navratil covers:

  • How the FCC’s new rule protects consumers—and the implications for marketers, legal teams, business leaders, lead sellers, and other communications professionals
  • Compliance essentials for businesses to avoid penalties as high as $1500 per violation (that’s per person!), plus damage to your reputation
  • Practical steps to revise marketing practices and ensure agreements with lead generators align with the new regulations
  • It’s not enough to have a consumer’s consent; you must be able to prove it
  • The good news: strategies for leveraging these rules to build consumer trust and loyalty

Gain actionable insights to foster ethical communication practices and ensure FCC compliance. Next year is just around the corner; watch now!

Examples & Compliance Tools

Here are some useful tools and examples of compliant language for your use:

Opt-in Form Example

I provide my ESIGN consent to receive SMS/MMS text messages, from an automated dialing system, to my cell number provided above for account notifications and alerts from [COMPANY]. I understand that I am not required to provide my consent as a condition of purchasing any products or services. I understand that I can opt-out of receiving text messages at any time by responding with STOP. I can reply with HELP to get help. I understand that message frequency may vary. I understand that message and data rates may apply depending on my mobile carrier and that T- Mobile and other mobile carriers are not liable for delayed or undelivered messages.

I provide my ESIGN consent to receive SMS/MMS text messages, from an automated dialing system, to my cell number provided above for marketing promotions from [COMPANY]. I understand that I am not required to provide my consent as a condition of purchasing any products or services. I understand that I can opt-out of receiving text messages at any time by responding with STOP. I can reply with HELP to get help. I understand that message frequency may vary. I understand that message and data rates may apply depending on my mobile carrier and that T- Mobile and other mobile carriers are not liable for delayed or undelivered messages.

Messaging Content

Always include access to help and the ability to unsubscribe! Example:
Txt STOP=Opt Out; HELP=Help

Privacy Policies, Terms & Conditions

Example: We will not share your opt-in (consent) to an SMS campaign with any third party for marketing and/or promotional purposes.

AI Summary of Webinar

Issues & Risks
One-to-one consumer consent rule: Businesses must obtain specific consent from consumers before sending text messages or making calls.
Penalties for non-compliance: $500 to $1500 per violation (per text or call).
Lead generation and affiliate marketing: These industries are most impacted by the new rules.
Website compliance: Privacy policies and terms & conditions need to be updated to include specific language about not sharing opt-in consent with third parties.
Consent record-keeping: Businesses must maintain consent records for five years.
TCPA litigators: Risk of lawsuits from professional litigators targeting non-compliant businesses.
State-specific penalties: Some states have additional penalties beyond FCC regulations.
Opt-out functionality: Ensuring that opt-out requests (e.g., STOP) are processed immediately to avoid complaints and potential litigation.
Lead buying and selling: Increased risks and regulations for businesses involved in lead generation and sharing.
Next steps
Attendees are encouraged to sign up for a free SmartReview on Commio’s website to have their opt-in language, privacy policy, and terms and conditions checked.
Timeline
The deadline for implementing the new one-to-one consumer consent rule is January 2025.
The original FCC request for comments was from almost two and a half years ago.
The topic has been in a holding pattern since January of this year.
The rule kicks in for real. Now.

Join us each month to ask the telecom “wise guy” – a seasoned expert with deep experience in particular aspects of the field. No agenda, no sales pitch, just you, the expert, and your questions answered.

Date posted: December 4, 2024

Topic: Messaging   Outbound Voice  

Tags: 1:1 consent   Compliance   FCC   one to one consent   Robocalls   Robotexts  

Scott Navratil

Scott is VP of Customer Retention & Growth, and has held executive management positions at several top IP communications companies. He was named one of Colorado Business Magazine’s most powerful salespeople. He is a regular speaker at national telecom events. Scott holds a B.A. in Meteorology from the University of Northern Colorado. Scott primarily enjoys spending time with his family in Colorado and also enjoys skiing, snowboarding, racing motorcycles, and astronomy.

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