FINAL RULE PUBLISHED!: FCC One-to-One Ruling Hits Federal Registrar–And the Countdown to Implementation Is On!

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The FCC published its final ruling modifying the TCPA’s express consent definition, triggering a cascade of countdowns on various deadlines.

The delay in publication was apparently linked to an error in rule classification as the Commission recently issued a notice of errata reclassifying the rule as a “major” rule and issuing additional implementation time for portions of the ruling.

Per the stated deadlines in the rule, the rule is effective March 26, 2024 except as to the requirements related to carriers and text message blocking. Those rules are effective July 24, 2024. 

Importantly, the effective date for the one-to-one consent rule has been set and it is January 27, 2025.

Following the effective date, the definition of express written consent will change to the following (major changes bolded):

(f) * * *
(9) The term prior express written consent means an agreement, in writing, that bears the signature of the person called or texted that clearly and conspicuously authorizes no more than one identified seller to deliver or cause to be delivered to the person called or texted advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice. Calls and texts must be logically and topically associated with the interaction that prompted the consent and the agreement must identify the telephone number to which the signatory authorizes such advertisements or telemarketing messages to be delivered.

(i) The written agreement shall include a clear and conspicuous disclosure informing the person signing that:

(A) By executing the agreement, such person authorizes the seller to deliver or cause to be delivered to the signatory telemarketing calls or texts using an automatic telephone dialing system or an artificial or prerecorded voice; and

(B) The person is not required to sign the agreement (directly or indirectly) or agree to enter into such an agreement as a condition of purchasing any property, goods, or services. The term ‘‘signature’’ shall include an electronic or digital form of signature, to the extent that such form of signature is recognized as a valid signature under applicable Federal law or State contract law.

Troutman Amin, LLP has already circulated a free template disclosure form to comply with the rule.

INTRODUCING THE TROUTMAN AMIN FIFTEEN!: A Completely FREE Template Consent Disclosure To Comply With the FCC’s NEW One-To-One Rule

We will have much more coverage on Monday as well.

For now you can read the full published rule here: Federal registrar

 

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Published by Eric "Czar" Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

1 Comment

  1. This is the stupidest rule from the FCC in a long time. When a buyer fills out a webform, he does not expect or want 100’s of sellers to contact. At the same time, if one seller contacts him only under the one consent rule, the buyer will have insufficient information to make an informed buying decison. Ideally, a buyer would like to compare offers from three or four sellers at a mimum. Not only, does multiple sellers foster competition, but it allows the buyer to comparison shop. The FCC in effect has said that one stop comparison shopping is no longer allowed. The buyer will need to fill out multiple forms to get multiple sellers.

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