What is the FCC’s new 1:1 consent rule?

By Dani Sheehan.

Changes are coming that will affect how businesses obtain consumer consent for marketing messages. Understanding these changes and shifting your lead generation strategies to stay compliant is essential for businesses in 2025.

Editor’s note: The information contained in this article is for general educational purposes only and should not be construed as legal advice. Business owners are strongly encouraged to consult with legal counsel to ensure their practices meet all requirements of the Telephone Consumer Protection Act (TCPA) and other applicable regulations.

In 1991, the Telephone Consumer Protection Act (TCPA) created a basic framework for regulating the use of certain technologies and the Do Not Call registry. The Federal Communications Commission (FCC) and courts interpret and enforce these rules, imposing monetary penalties if consumers are contacted without prior express written consent.  

As consumers ourselves, it is easy to see loopholes in this system and business compliance can be challenging due to ambiguous definitions of auto dialers, marketing and what constitutes reasonable revocation. On January 27, 2025, changes are coming that will refine the TCPA’s enforcement mechanisms and increase the compliance burden. Here’s what you need to know about these changes and how you can prepare as a business owner.

Understanding the one-to-one consent rule

In lead generation, calls, texts and online forms often play a significant role in generating and nurturing leads. The 2025 TCPA updates may have a major impact on these marketing strategies and operations. Currently, consent may be shared or derived through multi-party agreements such as third-party lead forms. When the 1:1 consent rule goes into effect, shared consent will no longer be allowed.  

A consumer must give explicit consent directly tied to the transaction that led to it. This consent must be both logical and topical, eliminating ambiguity and holding businesses more accountable for validating consumer permission. Additionally, if consumers revoke their consent at any time, all communications across all channels must end within ten business days. Violation of either of these rules will result in much higher penalties than the current framework.  

Strategies for compliance and effective lead generation

It is always a good idea to consult with a compliance attorney to audit your current lead generation processes and ensure your contracts and forms are airtight. Additionally, this gives you an opportunity to adjust your marketing strategy and begin developing better relationships with your potential customers. Here are a few ideas to get started:

1 – Tighten your consent collection processes

If you use third-party lead sources, confirm that they provide specific, one-to-one consents for your roofing company. For example, Instant Roofer is working with their partners so that when a homeowner receives a free quote, they specifically opt-in to being contacted by a specific, named roofing company.  

If you have your own online lead forms, refine your language to clearly specify your company as the party seeking consent. Include TCPA-compliant language to ensure the consent request is logically and topically connected to the service you are providing.  

Trent Cotney of Adams and Reese LLP further breaks down this distinction. According to his article with the WSRCA, “If your business participates in a co-branded promotion, you can no longer send marketing messages to consumers unless they’ve specifically agreed to receive texts from your company. This is true even if the promotion organizer obtained their consent for the campaign.”

2 – Audit your current contact lists and add revocation tracking

Re-obtain consent for any contacts obtained through outdated consent practices. CRM or lead management software can be used to track revocations across all channels as you begin obtaining new consent. Train your customer-facing staff to recognize and handle revocation requests – whether verbal, written or through other channels – ensure that these requests are processed and honored within ten business days.

3 – Shift your lead generation and marketing strategies

Develop your own lead generation campaigns to create a database by building direct relationships with homeowners. This may include providing educational resources or creating social media ads that are not subject to the TCPA but still require opt-in permissions to comply with other privacy regulations.

How these changes benefit the industry

While the new rules may seem restrictive, they encourage more transparent and efficient lead generation:

• Avoid wasting time on unqualified leads or generic multi-party lists

• Build trust with potential customers by ensuring they understand and agree to being contacted

• Reduce litigation risk, saving your business from costly fines and lawsuits

Final takeaway

The FCC’s 1:1 consent rule will bring significant changes to lead generation practices across industries, including roofing. By refining your consent processes and investing in compliant lead generation strategies, you can turn this challenge into an opportunity to build stronger customer relationships and a more trustworthy brand. Stay informed, consult legal professionals and prepare your business to adapt to these changes ahead of the January 27, 2025, effective date.