FCC: 1-to-1 Telemarketing Consent Rule in Response to Written Consent Abuse
The aim of the FCC's one-to-one telemarketing consent rule is stopping abuse of the agency's prior written consent requirement, said an FCC fact sheet in Thursday's Daily Digest. The FCC adopted the rule 12 months ago (see 2312130019); it becomes…
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effective Jan. 27. Lead-generated communications comprise a large portion of unwanted robocalls and robotexts, the commission said, and they "often rely on flimsy or nonexistent" consent claims. The FCC bars lead generators from using a single consumer-written consent for multiple unwanted telemarketing robocalls and robotexts from an array of sellers when a consumer visits comparison shopping websites, and the FCC said it made clear each caller or tester soliciting consumers must obtain express written consent from each consumer before making such robocalls or robotexts. Moreover, the FCC said the consent rule doesn't impact the practice of connecting a third-party agent to a prospective customer on a telemarketing call that isn't autodialed and doesn't include a prerecorded or artificial voice message. The one-to-one rule is the subject of a challenge at the U.S. Court of Appeals for the D.C. Circuit, with judges hearing oral argument earlier this month (see 2412180008).