FCC’s TCPA One-to-One Consent Rule

The Federal Communications Commission’s (FCC) One-to-One Consent Rule highlights the growing emphasis on consumer protection. Under this rule, businesses must obtain explicit consent from consumers before collecting, sharing, or using their personal information. The purpose of the one-to-one consent rule is to protect consumers from unsolicited, intrusive communication via phone calls, text messages, and faxes, including reducing or eliminating unwanted telemarketing and robocalls.

Updated TCPA one-to-one consent requirements go into effect January 27, 2025. To avoid legal penalties, maintain consumer trust, and protect your business’s reputation, you should be aware of and in compliance with these new rules. Following the updates ensures ethical communication practices, which are increasingly important as modern communication methods like texting, email, and automated messaging become more common.

Recent regulatory focus on one-to-one messaging consent addresses the increasing use of automated messaging in marketing. Requiring businesses to obtain permission before contacting consumers protects their privacy and prevents misuse and overuse of communication channels to meet evolving privacy expectations and legal standards. Keep in mind that additional changes go into effect April 11, 2025, when businesses must follow protocols to make it easier for consumers to revoke consent through reasonable methods such as opt-out replies, “stop” texts, etc.  

What You Should Know About the One-to-One Consent Rule

Under the TCPA, one-to-one messaging is any direct, personalized communication sent from one sender to an individual recipient, often through text or voice, especially regarding communications from Automatic Telephone Dialing Systems. The updated rule requires explicit consent from the recipient before initiating such communication to protect consumer privacy.

An Automatic Telephone Dialing System (ATDS) is any equipment capable of storing or producing phone numbers using a random or sequential number generator, and calling them automatically. The TCPA imposes strict regulations on the use of ATDS to prevent unwanted communications. Updated requirements apply to text messages, voice calls, and faxes, and each of these channels requires prior express consent to be in compliance with the law.

It is important to note that marketing messages promote goods, services, or brands and do in fact require explicit written consent under the TCPA. Informational messages, like appointment reminders or service updates, have less stringent consent requirements, but must still comply with regulations to avoid misuse.

Who Is Affected?

In general, any business that uses automated communication methods for marketing, promotions, or informational updates is required to abide by TCPA rules and implement systems to collect, store, and manage consent. Businesses that are not in compliance can face legal penalties, reputational harm, and loss of consumer trust. Organizations most directly impacted by the updates include:

• Telemarketing & Direct Sales: Any business making sales calls or offering products or services over the phone must clearly disclose terms and obtain explicit consent from the consumer.
• Small Businesses Using Lead Generation: Any company that uses third-party lead generation must confirm that consent was obtained when contacting the consumer or transferring data.
• Retail & E-commerce: Websites that collect user data for transactions or SMS marketing, especially those with auto-renewal or upselling mechanisms, must obtain proper documented consent.
• Healthcare & Wellness Providers: Any organization collecting health-related data, sending appointment reminders or promotional materials, sharing test results, or offering subscription-based health services must comply with consent requirements.
• Financial Services & Insurance Providers: Any company that deals with personal financial data must get consent before sending promotional material, processing transactions, or sharing sensitive information.
• Education & EdTech Companies: Any organization collecting data from students, parents, educators, or institutions must obtain consent to comply with FTC rules and regulations such as COPPA (for minors), particularly for marketing and other non-essential communications.
• Service Providers: Any company providing services such as utilities must obtain consent from customers for marketing offers or non-essential service updates delivered through text or automated calling.
• Political Campaigns & Non-Profits: Any organizations using automated calls, texts, or faxes for fundraising or advocacy must comply with the one-to-one consent rule.
• Subscription-Based Services: Any company offering memberships, subscriptions, or recurring billing (streaming services, gym memberships, etc.) must obtain clear consent for such arrangements and communications.
• Digital Advertising & Marketing Agencies: Agencies that track consumer behavior online or use personal information for targeted marketing must comply with consent guidelines.

Consent Requirements and Protocols for Non-Marketing vs Marketing Messages

Protocols for verbal and written consent for informational messages and marketing communications vary slightly. Verbal consent is generally sufficient for informational messages, but marketing communications require express written consent. Both verbal and written consent must be clear, documented, and obtained before initiating communication.

For marketing messages, businesses must obtain prior express written consent explicitly stating the consumer’s agreement to receive communications. In the past, consent to one entity often included a long list of others that could access the customer’s information. With the 2025 update, blanket consent is no longer valid. Each entity or business must obtain its own individual consent from the consumer. Records of consent, including the date, time, and method of collection, must be maintained to demonstrate TCPA compliance in case of disputes or audits.

Examples of compliant consent collection include checkboxes on online forms, text message opt-ins with clear language, and signed agreements clearly stating the consumer's consent to receive marketing communications. Consent forms must disclose the type of communications the recipient will receive, whether marketing or informational, and any applicable terms, such as message frequency or potential charges that may apply.

The TCPA requires that written consent includes the consumer’s physical, digital, or electronic signature to validate their agreement. Electronic consent, such as clicking a checkbox or signing digitally, is valid under the TCPA as long as it is properly documented and complies with the E-SIGN Act.

Obtaining & Maintaining Valid Express Consent

Written consent must include an agreement to receive specific types of messages, disclosure of any related terms, and a valid signature from the consumer. Verbal consent requires an affirmative response to a clear and documented script that explains the purpose and scope of communication.

Written consent templates should include clear language, such as:

"By signing below, I consent to receive [type of communication] from [business name] at [phone number]. Message and data rates may apply. Consent is not a condition of purchase." Electronic consent must include clear disclosures, an affirmative action (e.g., checking a box or typing “YES”), and proper documentation of the consent process, including date and time stamps.

For verbal consent:

• Clearly state the purpose of the call or text message.
• Explain any terms, such as message frequency and any potential charges.
• Request explicit verbal consent, such as "Do I have your permission to send you text messages about [topic]?"
• Record the interaction and response for compliance.

Businesses must maintain comprehensive records of all consent types, including written, verbal, and electronic, with detailed documentation of dates, methods, and specific language used. Records should be updated regularly to reflect changes in consumer preferences.

Record Keeping & Revocation Procedures for Consent Management

Effective record-keeping and revocation procedures are essential for managing consent under the TCPA and ensuring that your business is in compliance. By securely storing consent data, addressing revocation requests quickly, and maintaining accurate records, you can protect your business from legal risks.

• Secure Storage: Digital consent must be stored securely in an accessible format with the date, time, and method of consent, for easy retrieval and verification during compliance checks.
• Consent Expiration: Establish clear timelines for consent expiration and seek renewal before it lapses to maintain compliance.
• Automated Revocation: Use automated systems like opt-out keywords ("STOP") or unsubscribe links to quickly process revocation requests, prevent further communication, and update records.
• Timely Response: Revocation requests must be honored within the required timeframe of 10 business days to comply with regulations and avoid penalties.
• Comprehensive Records: Keep detailed records of all consent actions—original agreements, renewals, and revocations—to show compliance in audits or legal matters.

For a more streamlined records management process across all communication channels, consider integrating your consent collection into CRM systems, website forms, and customer onboarding workflows.

TCPA Violation Penalties

Understanding TCPA compliance is essential to avoid costly penalties for your business and maintain ethical communication practices.

• Violation Penalties: TCPA violations can result in fines from $500 to $1,500 per unauthorized call or message, depending on whether the violation was willful. Penalties can quickly escalate for mass communications, which can lead to significant financial penalties/liability.

TCPA Violation Prevention Strategies

• Compliance Audits: Conduct regular audits to assess consent collection processes, verify documentation, and review communication systems. Keep your consent records up-to-date and honor opt-out requests promptly to remain compliant.
• Technology Solutions: Use CRM and communication platforms equipped with consent tracking, automated opt-out management, and compliance reporting. These tools help streamline processes, reduce manual errors, and ensure adherence to TCPA rules.
• Staff Training: Train employees on TCPA requirements, focusing on consent collection, documentation, and revocation handling. Incorporate scenario-based exercises, periodic assessments, and updates on regulatory changes to build and maintain compliance expertise.

Importance of One-To-One Consent Compliance

Maintaining TCPA compliance is essential for your business to avoid penalties, protect consumer trust, and uphold ethical business practices. Obtaining explicit, prior consent for marketing communications, keeping accurate records, training staff properly, and automating processes are critical steps to ensure that you are in compliance with the updates.

To summarize, the key elements of the updated TCPA One-to-One Consent rule include:

• Explicit Prior Consent: Clear consent from the consumer must be obtained before sending marketing communications, especially when using automated dialing or messaging systems. Consent must be signed, documented, and stored.
• Opt-Out Mechanisms: Recipients must be given an easy and immediate way to revoke consent at any time, such as "STOP" for texts. Opt-out requests must be honored within 10 business days to remain compliant.
• Record-Keeping: Detailed records of all consent actions, including dates, methods, and renewals must be maintained.
• Disclosure Requirements: Message purpose, frequency, and any potential charges must be clearly disclosed to the consumer when collecting consent.
• Electronic Consent Validity: Digital signatures or checkbox agreements are acceptable when documented and stored properly.
• Distinction Between Message Types: Marketing communications have stricter consent requirements than informational updates.
• Compliance for All Communication Channels: Consent must be obtained for all communication types including calls, texts, and faxes, especially if automated.

To get help optimizing your business’s compliance process and streamline your marketing strategies, schedule a free consultation with the experts at MatrixPoint.