The new FCC marketing rules you should know about

A telemarketing consent rule adopted by the U.S. Federal Communications Commission in 2023 will come into effect 27 Jan. The rule requires telemarketers to obtain separate, written consent to call or text consumers using an automatic telephone dialing system or an artificial or prerecorded voice for each individual brand, rather than allowing a single consent to apply to multiple brands.

Through the rule, the FCC aims to close a loophole commonly used by lead generators and comparison-shopping sites and to protect consumers from receiving unwanted marketing communications.

For some businesses, this may have a significant impact on marketing operations. It's also an opportunity to streamline an organization's marketing communications and ensure resources are used effectively while building trust with customers.

The FCC also notes the rule provides legal certainty on how to meet the burden of proof when using third parties to collect consent.

Obtaining one-to-one consent

Under the rule, lead generators must obtain one-to-one consent for any robocalls or robotexts used in marketing outreach. Consent must be an affirmative action indicating the consumer is willing to receive these communications. Importantly, it cannot be a pre-ticked box a consumer has to uncheck to refuse the communications.

Lead generators and other third-party collection sites will need to rework consent mechanisms to ensure consent is specific to the brand, informed and opt-in. A list of "partners" with which they may share the consent will no longer suffice.