Are Your Web Forms Ready For The FCC One-To-One Consent Changes?

The FCC’s new one-to-one consent rule, effective January 27, 2025, marks a major shift in telemarketing regulations. This change directly impacts how web forms collect and manage consent. Compliance is essential to prevent penalties and litigation. In this post, we’ll cover what the rule means, how to ensure compliance, and the risks of being compliant.

1. Understanding the FCC One-to-One Consent Changes

The FCC’s one-to-one consent rule introduces stricter requirements for telemarketing practices. Businesses can no longer rely on blanket consent to contact consumers on behalf of multiple sellers. Instead, each seller must obtain explicit, written consent directly from the consumer before initiating communication.

Key differences from previous regulations

• Individualized Consent: Consumers must provide consent for each specific entity they wish to hear from (one-to-one), rather than granting general permission to multiple businesses.

• Clear Disclosure Requirements: The consent process must include a clear explanation that the consumer will receive communications from the specific sellers they select.

• Contextual Relevance: Communications must align with the context in which consent was granted, ensuring relevance and transparency.

Examples: Before and after the new regulations

Let's explore how the new rules affect common patterns across different industries.

Lead Generators

• Before: Lead generators shared consumer information with multiple partners based on a blanket consent.

  By clicking submit, you agree to receive communications from Company A and it's partners.

• After: Each partner must obtain direct consent from the consumer before initiating contact.

  By clicking submit, you agree to receive communications from Company A and Company B.

Comparison Shopping Websites

• Before: A single checkbox granted consent for multiple sellers to contact the consumer.
  
• After: Consumers must check a separate box for each seller they want to receive communications from.

Insurance Comparison Platforms

• Before: Consumers comparing policies automatically agreed to follow-ups from all listed insurers.
  
• After: Consumers select individual insurers they are open to hearing from via separate consent checkboxes.

Real Estate Leads

• Before: Filling out one inquiry form allowed multiple agents or brokers to reach out without explicit approval.
  
• After: Consumers must explicitly agree to communication from each specific agent or broker.

Loan Comparison Services

• Before: Submitting an application led to calls or emails from all lenders associated with the platform.
  
• After: Consumers choose which lenders to hear from by selecting them individually.

Local Service Providers

• Before: A single form submission resulted in follow-ups from various service providers, often without clarity.
  
• After: Consumers explicitly consent to each provider contacting them, ensuring no unwanted communication.

Ecommerce Recommendations

• Before: Marketplace sellers could contact users without explicit approval, based on shared platform data.
  
• After: Sellers must secure direct consumer consent before initiating any communication.

Cross-Promotion Networks

• Before: Brands working together used shared data for outreach, often without transparent consumer consent.
  
• After: Each brand must independently obtain consent for their communications.

2. How to Ensure Your Web Forms Meet FCC One-to-One Consent Rules

Complying with the FCC’s one-to-one consent rule requires changes to your web forms and proper record-keeping. These steps will help your business meet the requirements effectively:

1. Specify the Contacting Party in Web Form Disclosures
   Avoid vague terms like "affiliates" or "partners." Clearly name the specific seller or business that will contact the consumer to meet the rule’s one-to-one transparency requirements. Make sure to use their legal entity name.

2. Preserve Consent Documentation for at least 5 Years
   The new rules require you to keep consent records for 5 years. Store detailed logs of consent, including timestamps and the exact disclosure shown at the time.

3. Use an Independent Consent Management Solution
   Integrating a tool like Formcertify into your web forms provides a secure way to document consumer consent by generating tamper-proof digital consent certificates for every form submission. Unlike internal systems, which may raise concerns about conflicts of interest, independent platforms ensure that your consent records are both reliable and defensible during litigation.

By proactively adopting these measures, your business can confidently navigate the regulatory changes and demonstrate a commitment to privacy and transparency.

3. Risks of Non-Compliance

Failing to comply with the FCC’s one-to-one consent rule can have severe legal and financial consequences:

• Significant Fines: Violations can result in penalties of up to $1,500 per call or text. For businesses with large-scale non-compliance, these fines can quickly escalate to millions of dollars, creating a significant financial burden.

• Class-Action Lawsuits: Non-compliance increases the risk of class-action lawsuits from consumers, leading to costly settlements or court judgments. These lawsuits can result in multimillion-dollar liabilities.

• Regulatory Enforcement Actions: The FCC has broad authority to investigate and penalize businesses that fail to meet compliance requirements. Enforcement actions can also trigger further legal challenges.

• Cumulative Costs: Beyond fines and settlements, businesses may incur additional legal fees, compliance audits, and operational disruptions when defending against violations.

Prioritizing compliance with the FCC’s rules is essential to avoid costly legal battles, protect your business, and ensure smooth operations.

Conclusion

The FCC’s one-to-one consent rule is a significant shift in how businesses must handle consumer consent. Compliance requires clear disclosures, meticulous record-keeping, and adherence to the new standards. Taking these steps proactively can save your business from legal headaches and financial penalties.

The strongest defense against non-compliance is the ability to produce solid evidence of consent early in an inquiry. Having clear, reliable records from the outset can prevent investigations from spiraling into costly “rabbit-holes” and protect your business from unnecessary risks.

By prioritizing compliance now, you ensure your business operates within the law while maintaining trust with your customers.