FCC's Second Report And Order Will Leave Lead Generation Industry In Limbo

On November 22, the FCC issued a Second Report and Order with sweeping implications for the lead generation industry. The FCC has tentatively scheduled the issue for a vote during its December 13, 2023 open meeting. If adopted, the Order would effectuate at least four fundamental changes to the way businesses obtain and utilize consent to communicate with consumers.

Closing the "Lead Generator Loophole"

The new rule would prohibit comparison shopping websites from using a single instance of consent to receive offers or calls on behalf of multiple sellers. The FCC would instead require "one-to-one consent," meaning that a customer would have to affirmatively consent to being contacted by each and every seller. The new rule would also require these websites to provide clear and conspicuous disclosures stating that the consumer consents to receive robotexts and/or robocalls from each identified seller. The FCC suggests that checkboxes or click-throughs connecting