FCC Adopts Regulations Requiring One-to-One Consent for Telemarketers, Closing a Common Lead Generation Loophole

The FCC recently adopted new laws requiring telemarketers to obtain consent to receive robocalls and robotexts one brand/seller at a time, rather than allowing a single instance of consent to apply to multiple brands. These regulations come after complaints by consumers who thought that they were only consenting to telecommunications from one single company, but then received messages and calls from multiple industry competitors. A bipartisan coalition of 29 Attorneys General filed a letter with the FCC in June 2023 urging for the rule to be enacted, and it was passed with a 4-1 vote on December 13. According to Michigan AG Dana Nessel, “This one-to-one consent rule will allow consumers to ‘opt-in’ to the communications they want and avoid the thousands of unsolicited calls and texts from businesses who have purchased their information from lead generators.”