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If your business uses phone calls, autodialers, or text messages to communicate with customers and potential customers, change is coming. Updates to Telephone Consumer Protection Act (TCPA) regulations go into effect in January 2025. With new rules, come new requirements that businesses must meet to avoid penalties. Make sure you and your marketing partners are prepared to meet all TCPA compliance requirements before changes go into effect.
What is TCPA Compliance?
The Telephone Consumer Protection Act (TCPA) is a rule enforced by the Federal Communications Commission (FCC). It regulates the ways that businesses can contact potential customers via phone or text message including marketing calls, autodialing, pre-recorded calls, and text messages.
Only an attorney specializing in TCPA compliance requirements can advise on the best practices for compliance. But generally speaking, TCPA compliance starts with getting consent from consumers before attempting to communicate with them. Businesses should document that they received consent and respect consumer requests to be removed from contact lists.
Over the years, the FCC has expanded and refined the TCPA to address changes in technology and protect consumer privacy. In March 2024, the FCC expanded the definition of the Do Not Call (DNC) Registry to include text messages. These rules blocked merchants from sending unsolicited messages to anyone on the DNC Registry. In January 2025, another new rule takes effect.
New TCPA 1-to-1 Consent Rule 2025
The FCC has said that a large percentage of unwanted calls and texts to consumers are lead-generation communications. The new amendment to the TCPA is intended to close what they call the “lead generator loophole,” which has allowed lead generators and comparison websites to use a single blanket consent for all sellers.
As of January 2025, these sites will need to get one-to-one consent for each seller. Under these rules the lead generator must secure prior express written consent that:
- Identifies a single seller
- Bears the signature of the person called
- Identifies the telephone number to be used
- Is secured in response to a clear and conspicuous disclosure to the consumer
The content of the resulting calls or texts must be “logically and topically” associated with the website where the consumer gave consent. One important detail is that the caller/texter will bear responsibility for proving that they have consent. This means that merchants must ensure their partners are in compliance with the new one-to-one consent rule.
How to Ensure Compliance
If you have questions about how the new TCPA compliance requirements apply to you, contact a qualified attorney. However, the following guidelines can give you a starting point to discuss the details with your attorney:
- Consent should be specific to text messages
- Avoid sending text messages to numbers on the DNC registry
- Keep records of all consents given
- Quickly respond if a customer revokes consent.
- Verify that all partners are up-to-date with compliance rules
Because merchants bear responsibility for ensuring consent, they can be held accountable if they work with partners who are not meeting the new requirements. It’s in the best interest of every business to verify that their partners understand and abide by all consumer protection and privacy guidelines.
Ignite by Launch Labs Is Still TCPA Compliant
At Launch Labs, we take privacy and information security seriously. We understand that our actions affect our partners and that’s why we apply strictly and conservatively with the most up-to-date privacy and data security guidelines. We are currently in compliance with TCPA requirements and will maintain compliance with the new updates.
Ignite only sends text messages to visitors who have expressly requested to receive them. Each message comes as a direct response to a request initiated by the consumer. Messages are delivered over a finite period and the shopper may stop them at any time by replying STOP.
For more on how Launch Labs maintains compliance with FTC Safeguards, the California Consumer Privacy Act (CCPA), and the TCPA as well as the latest data security standards, visit our trust center.
