Lead Generation

Lead Generation One-to-One TCPA Consent Rule and Marketing Contract Considerations

The FCC’s new rule requiring one-to-one consent becomes effective January 27, 2025.  Much has been made about the myriad nuances those in the lead generation ecosystem must attend to in order to comply with the new rule.  However, an often overlooked aspect of the new rule involves required and diligent contracting practices associated therewith. In…

FCC Issues FAQs for Lead Generation One-to-One TCPA Consent Rule

On December 23, 2024, the Federal Communications Commission issued FAQs: One-to-One Consent Rule for TCPA Prior Express Written Consent. What is the FCC’s New One-to-One Consent Rule In December 2023, the FCC adopted new rules in the Second Report and Order to combat unwanted and illegal telemarketing calls and texts, including a rule that closed…

FTC Scrutinizing Healthcare Lead Generators and Marketers as Open Enrollment Begins

The Federal Trade Commission is closely scrutinizing the healthcare lead generation and marketing industry. On December 10, 2024, the Federal Trade Commission announced that it has sent warning letters to 21 companies that market or generate leads for healthcare plans. The letters were sent as open enrollment season for healthcare plans is ongoing. They provide guidance and…

TCPA Rules on Revoking Consent for Unwanted Robocalls and Robotexts Effective April 2025

On October 11, 2024, the Federal Communications Commission announced that the effective date for Telephone Consumer Protection Act (TCPA) rules on revoking consent for unwanted robocalls and robotexts is set for April 11, 2025. On February 15, 2024, the FCC adopted the TCPA Consent Order in the above-captioned proceeding.   In that rulemaking, the FCC adopted…

Three Things Lead Generators Must Know About the New FCC Single Seller Rule

As previously blogged about here, the Federal Communications Commission recently published the final, single-seller lead generator consent rule (the “Rule”).  The Rule amends the definition of “prior express written consent” for purposes of the Telephone Consumer Protection Act and will dramatically impact the lead generation industry. How Does the FCC’s One-to-One, Single Seller Rule Impact…

Update for Lead Generators Concerning FTC’s New TSR Recordkeeping Rules

As previously blogged about here, on March 7, 2024, the Federal Trade Commission announced a final rule extending telemarketing fraud protections to businesses and updating the Telemarketing Sales Rule’s recordkeeping requirements. FTC Amendments to the Telemarketing Sales Rule The new recordkeeping requirements (have a limited exemption) are by-and-large required in order to assert a DNC safe…