FCC Adopts New TCPA Rules For Lead-Generated Communications

Marketers that solicit sales or advertise products or services using "robocalls" or "robotexts" (i.e., calls or texts that are initiated using an "automatic telephone dialing system"¹ or voice calls made using an artificial or prerecorded voice) will need to comply with a new set of rules from the Federal Communications Commission (FCC). In a December 2023 order, the FCC claims to have closed the "lead generator loophole" by adopting rules requiring marketers to obtain consumer consent to receive robocalls or robotexts "one seller at a time." Once the rules take effect, businesses and websites that generate leads, such as comparison shopping websites, will not be permitted to obtain a single consent to cover regulated calls or texts from multiple sellers. Rather, "prior express written consent" must be obtained separately for each identified seller.