Stay Compliant: What the New TCPA Rules Mean for Your Business
The new FCC rules under the TCPA limit a business’s ability to obtain consent and strengthen an individual’s right to revoke consent to receive robocalls or robotexts. Businesses that use robocalls or robotexts in their marketing strategy should review their policies and connect with one of our professionals to ensure compliance with the TCPA.
One-to-One Consent Rule
The One-to-One Consent Rule, which takes effect on January 27, 2025, requires separate, written consent for each entity or business that wants to make marketing texts or calls to the consumer. For example, if your business includes affiliated businesses in the consent language that a consumer agrees to, consider specifying each affiliated business seeking consent and allowing the consumer to select which businesses they wish to grant consent to.
When obtaining consent, the rule also requires the following:
- Consent must be in response to a clear and conspicuous disclosure that the consumer will receive robocalls or robotexts from each selected business.
- The content of ensuing robotexts and robocalls must be logically and topically related to the website where the consumer gave consent.
- Marketers can reach consumers on the National DNC Registry using text messages, but to do so requires the consumer’s prior express invitation or permission.
- Consent obtained online must comply with the ESign Act, which governs electronic signatures. To opt-in to text messages, check a box, enter a one-time passcode, or reply to “Y” are valid types of consent.
Revoking Consent
In addition, effective April 11, 2025, the FCC will:
- Prohibit businesses from designating a specific method to revoke consent to marketing calls or texts. An individual can revoke consent by any reasonable method including through an automated call, texting “stop,” “quit,” or similar words.
- Require that every marketing text provide either:
- an opportunity to opt-out via reply text or
- a clear disclosure that there is no opt-out option via reply text, and it must state a way for the individual to revoke consent.
- Require businesses to honor do-not-call and revocation-of-consent within 10 business days after receipt of the request.
- Allow for a prompt, one-time confirmation text after an individual opts-out of marketing texts.
- Allow for a prompt, one-time clarification text after an individual opts-out of multiple categories of texts. No response to the clarification text should be treated as confirmation to revoke consent from all marketing texts.
