By Steven Page | FCC One-to-One Consent Rule| January 28, 2025 | 🕒 5 Minute Read
If you’re looking to understand the FCC’s One-to-One Consent rule and how it might affect consumer privacy and marketing practices, you’ve come to the right place. This detailed guide will not only break down the concept but also answer key questions people are asking about this regulation and its impact.
Attention: While the FCC’s rule may have been vacated for now, the direction of privacy regulation is clear. And here’s the reality: depending on any single platform or third-party lead source is increasingly risky business. Whether it’s regulatory changes, platform updates, or data restrictions, putting all your eggs in one basket – especially someone else’s basket – is a dangerous game.
Smart businesses aren’t waiting to be caught off guard – they’re building their brands and first-party audiences today, creating multiple channels they actually own and control.
If you are ready to future-proof your marketing, skip this post and see our “Smart Targeting vs Bought Leads: LeadGen Compliance in 2025“ in this series to learn how leading companies are getting ahead of these changes instead of being blindsided by them.
Let’s dive in.
What Is the FCC’s One-to-One Consent Rule?
The FCC’s One-to-One Consent rule was a proposed regulation that required businesses to obtain explicit, individual consent before contacting consumers via calls or texts. Unlike the blanket or bundled consents previously used by many businesses, this rule focused on ensuring that consumers agreed to communications with a specific company, rather than inadvertently granting permission to affiliates or third parties.
Why Was the One-to-One Consent Rule Introduced?
The rule was created in response to the growing problem of robocalls and unsolicited texts, which often exploited vague or bundled consent practices. The FCC intended the rule to:
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- Provide greater transparency.
- Close loopholes in consent practices.
- Align U.S. data privacy practices with global standards like GDPR and CCPA.
Why Was the Rule Vacated?
Despite its potential to enhance consumer privacy, the One-to-One Consent rule was vacated by the Eleventh Circuit Court of Appeals in January 2025. Key reasons included:
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- The court ruled that the FCC had exceeded its statutory authority under the TCPA.
- Business groups argued that the rule imposed significant operational burdens, especially for smaller companies.
- Legal challenges centered on whether the rule’s stricter consent definitions were enforceable under existing laws.
What Does the FCC’s Rule Mean for Consumers?
If the rule had gone into effect, consumers would have gained more control over who could contact them and for what purposes. Without it, the risk of unsolicited communications remains high, as businesses can continue to rely on bundled consents that allow them to contact consumers and share data with third parties.
How Does the One-to-One Consent Rule Impact Businesses?
Businesses dodged the immediate need to overhaul their consent mechanisms. However:
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- Many businesses recognize the growing demand for privacy-first practices and are voluntarily adopting stricter consent standards.
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State-level and global regulations (e.g., CCPA, GDPR) already require higher transparency, pushing companies to adapt regardless of federal rulings.
What Are the Best Practices for Consent Without the Rule?
Even though the rule is vacated, here’s how businesses can stay ahead:
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- Use Clear, Granular Consent Forms: Avoid vague language. Specify how consumer data will be used and who will contact them.
- Leverage First-Party Data: Build direct relationships with consumers through opt-ins, loyalty programs, and personalized communications.
- Invest in Consent Management Platforms: Tools like OneTrust or TrustArc simplify consent tracking and ensure compliance with state or international laws.
How Does This Rule Compare to GDPR or CCPA?
While the FCC’s One-to-One Consent rule focused on communications, GDPR and CCPA cover broader data privacy aspects, such as:
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- The right to access or delete personal data.
- Restrictions on data sharing with third parties.
- Granular consent requirements for specific purposes.
The FCC’s rule would have aligned more closely with GDPR’s emphasis on unambiguous consent.
Will a Similar Rule Be Introduced in the Future?
Yes, privacy trends suggest that stricter consent regulations are on the horizon. Both state and federal lawmakers are paying closer attention to consumer protection, and businesses should prepare for:
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- More granular consent requirements.
- Enhanced transparency mandates.
- Heavier penalties for non-compliance.
How Can Businesses Future-Proof Their Privacy Practices?
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- Adopt Privacy-First Strategies: Be transparent about how data is collected, stored, and used.
- Integrate Tools for Efficiency: Consent management software can help track permissions and reduce compliance risks.
- Educate Your Team: Ensure marketing and compliance teams are familiar with the latest privacy standards.
What Can Consumers Do to Protect Their Privacy?
Consumers can:
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- Regularly review privacy policies before opting in to any communication.
- Use tools like call blockers or email filters to reduce unsolicited communications.
- Exercise rights under state laws like CCPA or GDPR to limit data sharing.
What’s Next for the FCC and Data Privacy Regulations?
While the One-to-One Consent rule was vacated, the FCC is likely to revisit similar measures in the future. In the meantime:
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- States like California continue to lead the way with privacy laws.
- Businesses are encouraged to align with global standards to future-proof their marketing strategies.
- The growing consumer demand for transparency will push companies toward adopting better practices, even without federal mandates.
Conclusion
Recap and Next Steps
While the FCC’s One-to-One Consent implementation was postponed, its goal resonates with a global shift toward stronger consumer privacy protections. Businesses that proactively adopt privacy-first practices—such as granular consent, first-party data strategies, and transparent communication—will not only stay ahead of future regulations but also earn consumer trust in an increasingly privacy-conscious marketplace. Luckily, we explore THE SOLUTION here.
If you have further questions about compliance, best practices, or the trajectory of privacy laws, reach out to our experts today. Together, we can ensure your marketing strategies are both effective and privacy-compliant!
STEVE PAGE
VP of Digital Strategy
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