Crucial Updates and What They Mean for Telemarketing in 2025
Posted: Sat May 24, 2025 8:52 am
TCPA (Telephone Consumer Protection Act) compliance in 2025 for telemarketing is a critical and highly dynamic area in the United States. While the core principles of the TCPA (preventing unwanted calls and texts) remain, there have been, and continue to be, significant updates and enforcement actions, particularly concerning consent and lead generation.
The "One-to-One" Consent Rule (Effective January 27, 2025 – BUT WITH A CRITICAL UPDATE):
The Original Intent: This rule, adopted by the FCC in December 2023, aimed to close a "lead generator loophole." It initially required that Prior Express Written Consent (PEWC), necessary for marketing calls/texts using an Automatic Telephone Dialing System (ATDS) or artificial/prerecorded voice, must be obtained specifically for each individual seller that will contact the consumer. This meant no more "blanket" consent to be contacted by multiple, potentially unrelated, businesses from a single click on a comparison shopping site. The australia phone number list consent also had to be "logically and topically associated" with the interaction that prompted it.
The Critical Update (as of January 24, 2025): The Eleventh Circuit Court of Appeals has vacated (struck down) this "one-to-one" consent rule. This means the rule is not in effect as originally planned for January 27, 2025.
Implication for 2025: While the specific "one-to-one" requirement has been nullified, the FCC and courts are still highly scrutinizing lead generation practices. Businesses should still exercise extreme caution when obtaining leads from third parties. The underlying intent of the FCC to curb broad consent remains, and future regulatory or judicial actions could revisit this area.
The "One-to-One" Consent Rule (Effective January 27, 2025 – BUT WITH A CRITICAL UPDATE):
The Original Intent: This rule, adopted by the FCC in December 2023, aimed to close a "lead generator loophole." It initially required that Prior Express Written Consent (PEWC), necessary for marketing calls/texts using an Automatic Telephone Dialing System (ATDS) or artificial/prerecorded voice, must be obtained specifically for each individual seller that will contact the consumer. This meant no more "blanket" consent to be contacted by multiple, potentially unrelated, businesses from a single click on a comparison shopping site. The australia phone number list consent also had to be "logically and topically associated" with the interaction that prompted it.
The Critical Update (as of January 24, 2025): The Eleventh Circuit Court of Appeals has vacated (struck down) this "one-to-one" consent rule. This means the rule is not in effect as originally planned for January 27, 2025.
Implication for 2025: While the specific "one-to-one" requirement has been nullified, the FCC and courts are still highly scrutinizing lead generation practices. Businesses should still exercise extreme caution when obtaining leads from third parties. The underlying intent of the FCC to curb broad consent remains, and future regulatory or judicial actions could revisit this area.