REGULATORY ALERT: FCC TCPA Consent Update

Status: Rule Vacated (Voluntary Best Practice)

Effective Date: Original date of Jan 27, 2025, is no longer legally binding.

1. Legal Update: Rule Vacated
   

   On January 24, 2025, the U.S. Court of Appeals for the Eleventh Circuit vacated the FCC’s “1-to-1 Consent Rule.” This ruling means that the federal mandate requiring lead generators to obtain separate, individual consent for every single seller has been struck down.

• The Ruling: The Court found that the FCC exceeded its statutory authority under the TCPA. The Court ruled that “prior express consent” does not legally require a “one-to-one” relationship or a “logical and topical” connection as the FCC had defined it.
• Current Law: The legal standard reverts to the “clear and unmistakable” consent standard. However, the litigation environment remains aggressive, and “bulk” consent (where one click consents to hundreds of partners) remains a high-risk activity for lawsuits.

2. The “Gold Standard” Protocol

Despite the court striking down the federal mandate, 1-to-1 Consent is widely recognized as the Gold Standard in digital marketing and lead generation.

What is 1-to-1 Consent?

It is a process where a consumer actively selects or consents to hear from specific, identified brands rather than a hidden list of thousands of unknown partners.

Why it is the Gold Standard:

• Highest Consumer Intent: A consumer who agrees to hear specifically from “Company X” is far more likely to convert than a consumer who clicked a generic “hear from our partners” button.
• Litigation Shield: While the rule was vacated, the risk of lawsuits remains. 1-to-1 consent offers the strongest possible defense in court because it leaves no ambiguity about whether the consumer wanted to be contacted by you.
• Future-Proofing: Privacy laws (state-level) and carrier regulations are trending toward stricter consent. Adopting 1-to-1 puts organizations ahead of future regulatory curves.

3. Why We Use 1-to-1 Consent

Even though the FCC cannot currently force this requirement, we enforce 1-to-1 consent protocols for the following strategic reasons:

• Risk Mitigation: We prioritize protecting our brand and our partners from TCPA class-action lawsuits. Direct, explicit consent is the only way to ensure 100% compliance safety.
• Lead Quality vs. Quantity: We value high-intent engagement over volume. We only want to contact consumers who have explicitly expressed a desire to hear from us.
• Consumer Trust: We respect the consumer’s inbox and phone. Transparency builds brand loyalty; tricking consumers into “surprise” calls damages our reputation.

Next Steps for Compliance

• Audit Webforms: Ensure disclosure language remains clear and conspicuous.
• Vendor Management: Continue to demand proof of consent (like TrustedForm or Jornaya) that specifically names our brand, even if not federally mandated.
• Monitor Appeals: We are actively monitoring if the FCC will appeal this decision or attempt a new rulemaking process.

Conclusion: Secure Your Caseload

The era of “Shared Leads” and “Buying Cases” is dangerous and obsolete. Your law license is too valuable to risk on vendors who rely on minimum legal requirements rather than maximum safety standards. Be prepared for your State Legislature and/or State Bar to follow suit.

By partnering with Mohr Marketing, you are not just buying marketing; you are investing in a Joint Advertising infrastructure that protects your firm from regulatory risk—both federal and state—while delivering high-quality, exclusive client acquisition.

We deliver plaintiffs who aren’t just “leads”—they are qualified clients with verified fact patterns ready for litigation.

Ready to fill your docket with valid cases?

Partner with Mohr Marketing to secure high-quality, compliant plaintiffs.

Contact Mohr Marketing to deploy the Compliance Shield today.

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Let’s discuss your specific needs and how our Compliance Program, AI Lead Generation Technology, digital marketing, and mass tort cases can help you achieve your growth goals.

www.mohrmktg.com 

Mohr Marketing Team

Summary

Article Name

The FCC "1-to-1 Consent" Rule

Description

Despite the court striking down the federal mandate, 1-to-1 Consent is widely recognized as the Gold Standard in digital marketing and lead generation.

Author

Mohr Marketing Team

Publisher Name

Mohr Marketing, LLC

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