The official FCC FAQ document delivers authoritative interpretation of the TCPA “one‑to‑one consent rule”, which was voted in December 2023 and formally took effect on January 27, 2025. It mainly closes compliance loopholes in lead‑generation businesses and constitutes critical compliance guidance for US A2P marketing SMS and automated outbound‑call services.
Core of the new rule: for marketing calls and marketing SMS placed via autodialers, pre‑recorded voice or AI‑generated voice, businesses must obtain separate written express consent from consumers for that specific seller. For comparison‑shopping websites as an example: if consumers wish to receive messages from multiple merchants, they must check separate authorization boxes for each seller. Prior to consent, clear and prominent notice shall inform users of incoming marketing messages from the corresponding merchant. Subsequent marketing content shall be logically related to the website theme for which consent was originally granted.
This rule governs only autodialed, pre‑recorded / AI‑voice calls and SMS. Transferring calls to third‑party agents during ordinary human‑agent conversations is not subject to this rule. However, after the call ends, if third‑party entities intend to re‑contact the user using automated equipment, they must obtain new corresponding written consent. Its requirements align with the FTC Telemarketing Sales Rule.
Even if a number is registered on the national Do‑Not‑Call (DNC) list, a seller may still send marketing calls or SMS to that number provided the consumer has submitted a dedicated written agreement explicitly consenting to marketing outreach from that seller. The written agreement must state the user’s consent to be contacted by that seller and list the telephone number eligible for such communications.
The document also recaps TCPA legislative background: enacted in 1991 to safeguard user communications privacy. The FCC later clarified TCPA covers both voice calls and text messages. Recent rules further strengthen consumers’ right to revoke consent; businesses must honour opt‑out requests promptly.
