FCC News and Articles

FCC Adopts New Regulations for Telemarketing Consent

In December 2023, the FCC introduced new regulations to enhance consumer consent requirements for telemarketing calls and texts. These changes are significant, and companies have twelve months to comply. The new rules will be effective from January 27, 2025, and will affect lead generators, call centers, and sellers.

Current Insurance Marketing Requirements

Under the current FCC rules, telemarketing calls and texts using automated systems or prerecorded messages require prior express written consent from consumers. This consent must include a clear disclosure that signing the agreement authorizes telemarketing messages and that signing is not a condition for purchasing goods or services. Consent can be provided in various forms, including electronic.

New Insurance Marketing Lead Generator Rules

Starting January 27, 2025, the new regulations will require one-to-one consent between each seller and consumer. Each seller must obtain individual consent, even if a website or telemarketer markets multiple sellers. Sharing consent among corporate affiliates will not be allowed. Consent must be obtained through compliant methods such as email, website forms, text messages, telephone keypress, or voice recordings.

Moreover, all communications must be "logically and topically" related to the original consent. For example, consent for lawn services does not extend to life insurance marketing. Sellers must maintain electronic or written records of consent to ensure compliance with the new rules.

A pending court challenge, Insurance Marketing Coalition, Limited v. FCC, may influence the implementation of these new rules, but the outcome is still unknown.

Key Takeaways from the New FCC Ruling on Insurance Marketing

The new FCC rule effective January 27, 2025, includes:

• One-to-one consent
• Clear and conspicuous disclosure
• Logical and topical relationship
• Recordkeeping

Subsequently, you need to acquire a good insurance marketing platform that keeps you compliant with the FCC.