TCPA Rules on Consent to Telemarketing: What You Should Know

An FCC Order on Robocalls and Telephone Consumer Protection Act (TCPA): has significant provisions of an FCC order became effective on January 27, 2025. The order clarifies that prior express written consent to receive prerecorded telemarketing calls to a cell phone or residential line can only be given to one identified seller at a time. A consumer’s single click on a lead generator’s website cannot authorize prerecorded telemarketing calls on behalf of multiple sellers.

The order also emphasizes that this one-to-one consent through agreements between the consumer and the seller is currently required for calls to DNC-registered lines, and it reiterates the requirements that electronic transactions in which consent is obtained must comply with the federal E-Sign Act.

What is Required for Consent to Telemarketing?

Consent to telemarketing is the explicit permission a consumer gives to a business to send them marketing messages. The Telephone Consumer Protection Act (TCPA) requires businesses to obtain this consent before making telemarketing calls or sending texts.

Clear and conspicuous disclosure: The consumer must be clearly informed that they are giving consent to receive marketing messages.
Written consent: The consumer must provide written consent, either digitally or on paper.
Right to revoke consent: The consumer must be made aware that they can revoke their consent at any time.
One-to-one consent: The business must obtain consent from each seller separately.

What types of consent are there?

Prior Express Written Consent (PEWC): Required for autodialed or prerecorded marketing calls or texts
Prior Express Consent (PEC): Required for autodialed or prerecorded informational or transactional calls or texts
Prior Express Invitation or Permission (PEIP): Required for manual dialed calls or texts for marketing or informational purposes

What are the consequences of non-compliance?

Businesses that do not comply with the TCPA may face legal and financial consequences.

If you have any questions or concerns about telemarketing consent or are experiencing related issues or harassment, please give 360 Consumer Law™ for a consultation. We are dedicated to protecting consumers and righting wrongs.

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