On the eve of its planned implementation, the Federal Communications Commission’s (FCC) one-to-one consent rule faced significant developments. On January 24, 2025, just days before the rule was set to take effect, the FCC announced it would postpone enforcement. Shortly after, the Eleventh Circuit Court of Appeals struck down the rule entirely.
This means businesses should continue operating under the existing TCPA consent requirements while remaining mindful of potential future updates from the FCC.
Why Was the Rule Overturned?
The FCC's one-to-one consent rule aimed to address concerns about unclear or overly broad consumer consent practices, such as allowing lead generators to obtain consent for dozens or hundreds of companies all at once. The rule would have required businesses to get specific consent for communication with each seller and only for interactions directly tied to that consent.
However, the Eleventh Circuit ruled that these new requirements went beyond the TCPA’s original intent. The court found:
- Consumers can provide consent for multiple companies at the same time.
- Consent doesn’t need to be limited to marketing communications directly related to the consumer’s initial interaction.
Because these additional restrictions didn’t fit within the TCPA’s definition of “prior express consent,” the court struck down the rule. The FCC must now decide whether to keep the current standards as they are or propose new rules that align with the court’s reasoning.
What Does This Mean for Home Services Businesses?
The one-to-one consent rule will not go into effect. For now, businesses should continue following the existing TCPA requirements for “prior express written consent.” These requirements include:
- Documenting clear, written consent before making robocalls, sending robotexts, or delivering prerecorded marketing messages.
- Ensuring consumers fully understand what they are agreeing to when they provide consent.
Steps Home Services Businesses Should Take
To protect your business and prepare for potential future changes:
- Review Your Consent Processes: Make sure your consent collection methods are clear and compliant. Use plain language so customers understand what they’re opting into.
- Keep Records: Maintain detailed documentation, including timestamps and methods of collection.
- Use Compliance Tools: Tools like Know Your Customer (KYC) simplify consent tracking and DNC management.
By staying proactive, your business will be well-prepared for any future updates to consent standards.
How Know Your Customer Supports Your Business
- Capture Consent Across Channels: KYC allows you to reliably obtain and document consent from multiple sources, including phone calls, web forms, and other lead sources.
- Maintain Compliance: With tools to track consent records and manage internal DNC lists, KYC helps you avoid costly violations of TCPA and DNC rules.
- Search the DNC Registry: Built-in access to the national DNC registry ensures you’re not contacting consumers who have opted out, reducing your risk of non-compliance.
The delay of the one-to-one consent rule doesn’t mean regulatory enforcement has eased. Staying proactive with accurate consent documentation and compliance strategies is essential to protecting your business from legal and financial risks.
What’s Next?
This decision provides businesses with an opportunity to evaluate their consent processes and ensure compliance with current TCPA rules. By leveraging tools like KYC, you’ll strengthen your documentation, simplify compliance, and prepare for any future regulatory updates.
