FCC TCPA compliance changes overview

Discover the key FCC TCPA compliance changes that are affecting the lead generation industry and see how our solutions can help you document proof of TCPA compliance.

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Recent FCC TCPA compliance changes

January 2024:

  • Do Not Call (DNC) protections are extended to text messages.
  • One-to-one consentrequirements redefine prior express written consent (PEWC) to mean an agreement that “clearly and conspicuously” authorizes one identified seller at a time (lead buyer) to contact a consumer.
  • Calls must be “logically and topically” associated with the website interaction that prompted the consent.
  • Both lead buyers and lead sellers are required to maintain documentation of consent to call. Buyers cannot rely on documentation held by the sellers.

February 2024:

  • Consumers can revoke consentat any time by using “any reasonable means” (call, text, email, postal mail, etc.)
  • Companies must honor DNC and revocation-of-consent requests as soon as practicable, and within no more than 10 business days after receipt of the request.

August 2024 (NPRM):

Notes:

  • Prior express written consent may be obtained for more than one seller on a single disclosure form, as long as the consumer provides affirmative consent to be contacted by each individual seller listed on the form, on a one-to-one basis.
  • In the TCPA, the use of the word “‘seller”’ is inconsistent with our definition (and the industry’s definition). We use “'seller”' to refer to the entity selling the lead; TCPA uses the word “'seller”' in reference to the entity calling the end prospect.

    Learn more

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Retain

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