The FCC 1-to-1 Consent Update: How Will It Impact Your Marketing Strategy in 2025?
Written by: Aaron Rafferty
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Written by: Aaron Rafferty
Last updated
Was this helpful?
Hi there,
It’s Aaron. I am reaching out because The Federal Communications Commission (FCC) 1-to-1 consent update is coming in 2025, but most agents I have spoken to don’t know how it will affect their business. I wanted to put out this article to address some concerns I have been hearing like,
"Do these rules kill my email marketing?" "Can I still use my autodialer?" "Do I need to re-opt-in my list?" “Can I still use my Real Intent leads?”
This is a fairly deep dive and you can use the table of contents below to bounce around as you please. Please don’t hesitate to reach out if you have any questions - .
At its core, the 1-to-1 consent rule requires explicit, individual consent from each consumer before contacting them via robocall, robotext, or autodialer OR when sending a prerecorded or artificial voice message. The days of blanket consent are over.
But why is this new rule needed?
Previously, lead generators could obtain a single consent from a consumer and share it with multiple agents resulting in tons of spam calls for consumers. The updated rule is effective January 27, 2025 and aims to protect consumers from a barrage of unwanted automated marketing messages.
"I have not seen many TCPA lawsuits that didn't start with somebody being really annoying...if you are spamming people, texting them 5 times a day, [or] calling them 60 days in a 2 day period, you are asking for it." - John Henson, Troutman Amin, LLP (TCPA Attorneys)
Definitions to know:
Autodialers
A system that can dial numbers randomly or sequentially without human intervention.
Prerecorded or Artificial Voice Messages
Messages delivered over the phone that are not spoken live by a human including messages created by a computer and recordings of a human voice.
Robotexts
Text messages sent to a mobile device using an autodialer and often in bulk.
Robocalls
Phone calls made using an autodialer or a prerecorded or artificial voice message.
As a Real Intent member, you receive valuable leads to grow your business. However, it’s crucial to understand how the new FCC rules may impact your ability to contact these leads.
Explicit, Individual Consent:
Prior to Contact: Ensure you have obtained explicit, written consent from each lead before contacting them via robocall, robotext, or autodialer.
Separate Consent for Each Channel: If you plan to contact leads through multiple channels (e.g., phone calls, text messages), you'll need separate consent for each.
Clear and Concise Consent:
Informative Consent Forms: Use clear and concise language to explain how you will use the lead's information.
Transparent Practices: Be upfront about your marketing practices and how you collect and use data.
Relevant Communication:
Targeted Outreach: Tailor your messages to the specific needs and interests of your leads.
Avoid Overwhelming Leads: As John Henson states, "If you are going to treat your clients like people and not numbers, you should be fine."
While the new FCC rules may present challenges, they also offer opportunities for real estate agents to build stronger relationships with clients. By understanding how to navigate these changes, you are positioning yourself to be a top producer in your market.
To make sure you are compliant with the FCC's 1-to-1 consent rule with leads you collect on your website, consider adding the following language to your website's opt-in policies:
Clear and Conspicuous Consent: Clearly state that by opting in, the user consents to being contacted via robocall, robotext, or autodialer.
Specific Consent: Specify the types of calls or texts the user consents to receiving (e.g., marketing calls, appointment reminders).
Opt-Out Option: Provide an easy way for users to opt out of receiving calls or texts.
Compliance with State and Federal Laws: Ensure that your consent practices comply with all applicable state and federal laws, including the Telephone Consumer Protection Act (TCPA).
Example statement:
"By providing your phone number, you expressly consent to receive autodialed and/or prerecorded calls and/or SMS messages from [Your Company Name] or its affiliates at the number provided. Your consent is not required to purchase goods or services. You may revoke your consent at any time by replying 'STOP' to any text message or by calling [Your Phone Number]."
Disclaimer: This statement is for informational purposes only.
Leverage Digital Marketing
Email Marketing: Continue to nurture leads through targeted and trigger based email campaigns and newsletters.
Social Media Ads: Draw in your audience on platforms like Facebook, Instagram, and LinkedIn.
Content Marketing: Create valuable content (e.g., blog posts, videos) to attract and retain clients.
Partner with Reliable Lead Generation Providers
Work with providers that adhere to strict compliance standards.
Ensure that leads are obtained ethically and legally.
A. Non-Compliant Agent: An agent receives a lead from Real Intent and immediately sends a robocall to the lead's phone, without obtaining prior express written consent. This is a violation of the FCC's 1-to-1 consent rule and could result in significant fines and penalties. The FCC can impose penalties of up to $1,500 per violation (yes, each call or text could be considered an individual violation).
B. Compliant Agent: Another agent receives a lead from Real Intent and, without prior express written consent, decides to add them to their informational email drip and reach out with a live call offering a free consultation for home valuation. This agent is operating within the bounds of the new FCC rules.
The good news is that the 1-to-1 consent rule does not impact email marketing OR newsletters. Informational emails and transactional cold outreach are still permissible.
Myth #1: "I can still use pre-recorded voice messages for open houses and new listings if I got consent before January 2025."
False! The one-to-one consent rule applies to all telemarketing messages using an autodialer or pre-recorded voice, regardless of when consent was initially obtained. This means even if you had blanket consent for promotional calls in the past, you'll need fresh, individual consent for each person you contact after January 27, 2025.
Myth #2: "The FCC changes affect emails and newsletters."
Not True! The rule itself focuses on calls and texts with email remaining unaffected. However, savvy agents are proactively reviewing their email marketing practices to ensure compliance with existing regulations like CAN-SPAM. Neglecting email best practices could still lead to hefty fines and damage your reputation.
Myth #3: I Can't Use an Autodialer at All Anymore
False, as long as you have direct 1-to-1 consent for each consumer you are dialing. You'll need express written consent from each individual before dialing them up. However, this regulation does not affect informational calls or calls placed to numbers you manually dialed.
Real Intent is committed to providing high-quality leads while adhering to all applicable laws and regulations (e.g., GDPR, CCPA). We work diligently to ensure that our lead generation practices are ethical and compliant.
If you have any questions or concerns about the new FCC rules or how they may impact your business, please don't hesitate to reach out. We're here to help you navigate the complexities of the new FCC rules.
The new one-to-one consent rule would not affect the practice of connecting a third-party agent to a prospective customer on a telemarketing call that is not autodialed and does not include a prerecorded or artificial voice message. Indeed, the new one-to-one consent rule has no bearing on such calls. -
If this is a route you wish to take, be sure to utilize reputable newsletter platforms like , which automatically include unsubscribe options to comply with regulations.
P.S. I recommend the as my go-to for newsletter sending, especially if you are just starting out with <2,500 subscribers.
Newsletter sending:
FCC One-to-One Consent Rule FAQs:
TCPAWorld Blog:
