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

January 18, 2025 / Richard B. Newman

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 addition to revising and auditing websites and consent forms associated with sellers and callers obtaining lawful prior express written consent to contact consumers via regulated technologies (about products and services logically and topically associated with the website), in order to ensure compliance with the new rule sellers and callers should consult with an experienced TCPA compliance attorney in order to ensure that contracts with lead generators and purchasers contain all appropriate and necessary representations and warranties.

For example and without limitation, data collection, restrictions on the use of data and one-to-one consent obligations.  Enforceable indemnity and defense provisions (e.g., compliance with applicable legal regulations, adherence to contractual warranties, etc.), along with insurance coverage provisions may also be advisable.

Recordkeeping requirements and obligations should also be squarely addressed in contracts, including, but not limited to, properly maintaining and securing copies of consumer contact information and consent language in compliance with the new rule and the Telemarketing Sales Rule.

Written marketing contracts, particularly in the lead generation world, should be diligently drafted and negotiated in order to satisfy applicable legal regulatory standards and minimize liability exposure.  Incorporating one-to-one consent considerations is but one issue to consider.  Without limitation, recordkeeping, use and transfer of data, indemnification, insurance, data privacy, data ownership, representations and warranties, liabilities and disputes should also be meaningfully addressed.

Richard B. Newman is an advertising practices attorney at Hinch Newman LLP. 

Informational purposes only. Not legal advice. May be considered attorney advertising.

Posted in , ,

Richard B. Newman

Richard B. Newman is a nationally recognized FTC advertising compliance, CID investigation and regulatory enforcemetn attorney. He regularly provides advertising counsel and represents clients in high-profile investigations and enforcement proceedings initiated by the Federal Trade Commission, state attorneys general, departments of consumer affairs, and other federal and state agencies with jurisdiction over advertising and marketing practices. Richard is also an ecommerce lawyer and spam defense attorney. His practice additionally focuses upon false advertising defense, data privacy, cybersquatting, intellectual property law and transactional matters relating to the dissemination of national advertising campaigns, including the gamut of affiliate marketing, telemarketing, lead generation, list management and licensing agreements. Richard advises clients on how to minimize the legal risks associated with digital marketing, email marketing, telemarketing, social media influencer campaigns, endorsements and testimonials, negative option marketing models, native advertising, online promotions and comparative advertising,

Recent Posts

To Learn More About This Topic or if You Have Questions, Contact an Experienced FTC Compliance and Defense Lawyer