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The Federal Communications Commission (FCC) has announced that the new rule requiring “one-to-one consent” under the Telephone Consumer Protection Act (TCPA) will become effective on January 27, 2025. This rule mandates that prior express written consent for telemarketing calls and text messages must be obtained from consumers on a per-seller (i.e., one-to-one) basis.

In December 2023, the FCC adopted the Second Text Blocking Report and Order, which included the new “one-to-one consent” rule codified in 47 CFR § 64.1200(f)(9). The rule was scheduled to become effective 12 months after publication in the Federal Register or 30 days after the Office of Management and Budget (OMB) approved any required information collection, whichever was later.  The OMB approved the information collection requirement on September 26, 2024, and the rule was published in the Federal Register on January 26, 2024. As a result, the effective date for the “one-to-one consent” rule is January 27, 2025, which is 12 months after its publication in the Federal Register.

The FCC’s Public Notice can be viewed here:  https://docs.fcc.gov/public/attachments/DA-24-1154A1.pdf

ECAC will continue to monitor and report and new developments.

Mitchell Roth

mroth@rothjackson.com

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