Starting January 27, 2025, a new FCC rule requires real estate agents and brokers to secure direct, individual consent—referred to as one-to-one consent—before using an automatic telephone dialing system (ATDS) or sending artificial or prerecorded voice messages to promote their services.

To assist members and associations in navigating this change, NAR’s Legal and Advocacy Teams are hosting a webinar that will provide best practices for complying with the TCPA and the new FCC rule. The webinar aims to help real estate professionals minimize risk while effectively incorporating telemarketing calls and texts into their promotional strategies.

NAR Webinar: 
Telemarketing Best Practices and the FCC One-to-One Consent Rule
Tuesday, January 28th
10:00 am MT

Synopsis of the FCC's "one-to-one" consent rule for Automated Telephone Dialing Systems (ATDS)

On January 27, 2025, the FCC's "one-to-one" consent rule for Automated Telephone Dialing Systems (ATDS) goes into effect, requiring businesses to obtain explicit consent from individuals for each specific caller or texter they want to communicate with. This rule significantly changes how businesses can use robocalls and robotexts for marketing purposes, aiming to enhance consumer privacy and control. 

Essentially, the rule mandates that businesses can no longer rely on a single consent form to contact a consumer on behalf of multiple sellers or marketers. Instead, each individual seller or business must obtain separate, express written consent from the consumer to contact them via robocalls or robotexts. 

Here's a breakdown of the key aspects of the rule:

Prior Express Written Consent:

Businesses must obtain prior express written consent from each consumer they intend to contact via robocall or robotext. This means that if a consumer provides consent to receive calls from a specific business or service, that consent does not automatically extend to other businesses or services, even if they are related or listed on the same website.

Clear and Conspicuous Disclosure:

Businesses must clearly disclose to consumers the purpose of the consent they are requesting and ensure that it's related to the context where the consent is obtained. For example, if a consumer consents to receive marketing messages related to car loans on a comparison-shopping website, they should not receive irrelevant marketing messages about other products or services.

Direct Relationship between Consent and Communication:

The content of subsequent communications (robocalls or robotexts) must be logically and topically related to the consent obtained from the consumer.

Lead Generators:

Businesses using lead generators or comparison-shopping sites must comply with the new rule. Lead generators can no longer rely on a single blanket consent to provide leads to multiple sellers. Instead, they must ensure that consumers explicitly consent to be contacted by each individual seller they choose. 

The FCC's new rule aims to prevent the "lead generator loophole" and ensure that consumers have control over the marketing communications they receive. By requiring businesses to obtain explicit consent from individuals for each seller or marketer, the rule aims to reduce the number of unwanted robocalls and robotexts while protecting consumer privacy. 

In essence, the new rule shifts the burden of proof to the callers to demonstrate that they have obtained valid consent before contacting consumers via robocalls or robotexts.

Learn more about the One-to-One Consent Rule through the FCC Consumer Guide.