Are you familiar with the Federal Communications Commission’s (FCC) Telephone Consumer Protection Act (TCPA) one-to-one consent rule? There have been some major updates that you must be aware of.

In this detailed blog post, we’ll take a closer look at the FCC one-to-one consent, its postponement and then removal, best practices for TCPA compliance, and the repercussions of not complying. By the time you finish reading, you’ll be well-equipped to navigate the regulatory landscape and protect your business from potential pitfalls.

What is the TCPA one-to-one consent rule?

The one-to-one consent rule was a proposed update to the TCPA by the FCC, aimed at “closing the lead generator robocall loophole” by broadening the definition of prior express written consent (PEWC). This update would have required consumers to be given the option to choose, during a lead generation transaction, the one or multiple companies or brands with whom their personal and contact data could be shared when requesting more information, outreach, calls or text messages about product or service of interest.

The FCC 1:1 consent rule was formally proposed on December 13, 2023, and was expected to take effect on January 27, 2025.

What happened to the FCC one-to-one consent effective date?

On January 20, 2025, President Trump signed several Executive Orders, including directives for U.S. government agencies to pause any new regulation updates. This pause was intended to allow for further review by the White House and newly appointed agency leaders.

On January 24, 2025, just days before the FCC one-to-one consent effective date, the FCC issued an order delaying the rule for up to 12 months. Moments later, the Eleventh Circuit Court of Appeals separately granted the Insurance Marketing Coalition’s petition that was challenging the FCC’s rule-making authority around the PEWC update, effectively eliminating the previously proposed FCC 1:1 consent rule update entirely.

The FCC prior express written consent standard was reinstated

On August 29, 2025, the FCC reinstated its prior standard for “prior express written consent” under the TCPA after the 11th Circuit vacated its 2023 proposed revision. The court found the FCC had exceeded its authority by requiring one-to-one consent and topic-related messaging. 

As previously established, the reinstated rule directs that consent must be in writing, include the consumer’s signature, and contain clear disclosures.

Why is TCPA consent still important?

The proposed one-to-one consent rule update may be gone, but the existing TCPA consent requirements are still very much alive. In today’s digital world, consumers can be inundated with marketing and sales promotional text messages and calls, some of which they don’t want or are even potentially fraudulent. The TCPA is intended to provide protection against this barrage of unwanted, unsolicited, and intrusive communications.

In a world where happy customers are the key to success, showing that you respect their choices and minimize onward personal data sharing can make a huge difference. By getting their clear go-ahead before reaching out, you’re showing that you value their time and their preferences. This can help you build a solid, long-lasting relationship with your customers, who will be more likely to come back to you in the future.

Therefore, the TCPA isn’t just about following the regulations and case law; it’s about something bigger. It’s a commitment to protecting consumers’ contact information and running your business the right way. When you put consumer consent first, you’re not only protecting people from unwanted, unsolicited calls and texts, you’re also building a culture of honesty and respect. And that leads to stronger customer relationships, a better brand, and more success in the long run.

What are the main requirements under the TCPA?

The FCC’s TCPA includes several key requirements:

Record of consumer consent

• Brands/Advertisers must obtain and retain appropriate prior express written consumer consent if robocall/robotext technology will be used in the marketing sales call or text message outreach.
• The consent must be documented in writing and bear the consumer’s signature in compliance with the E-SIGN act. The terms, agreement, and consent can be provided and captured digitally.

Clear and conspicuous disclosure

• Disclosures about the nature of the consent must be clear and apparent to a reasonable consumer. This includes informing consumers that they will receive robocalls or robotexts from the identified party.

Do-Not-Call and text message regulations

• Text messages are subject to the same regulations as calls under the National Do-Not-Call (DNC) Registry. Marketing texts cannot be sent to numbers on the DNC list without prior express invitation or permission​.
• Update (October 2025): The FCC has previously explicitly stated that unsolicited text messages, like unsolicited voice calls, are a violation of the TCPA. Federal courts have generally deferred to the FCC’s interpretations, finding that the TCPA’s purpose of protecting consumers from unwanted, automated intrusions extends to text messages. However, in the middle of 2025, there have been some recent court cases and decisions that are challenging the FCC’s broad interpretation of whether text messages should be treated the same as calls under the TCPA.  Regardless of these recent court cases, the consensus for compliance advice remains that TCPA rules apply to text messages.
• Mobile carriers are required to block texts from numbers flagged for sending illegal texts directed by the FCC. This helps to reduce spam and fraudulent messages​.

Record-keeping requirements

• Lead buyers and/or brands performing the outreach about the product or service should maintain thorough records of TCPA consent, as they bear the full legal risk and burden of proof if a party later claims they “did not consent to receive a call or text message.” Additionally, under the Telemarketing Sales Rule (TSR) from the Federal Trade Commission (FTC), businesses conducting communication outreach are required to keep these records for at least five years from the date of consent and outreach. This documentation is crucial in case of regulatory questioning or lawsuit inquiries, serving as proof of the consent transaction.

Revocation of consent

• As of April 11, 2025, businesses who are making marketing outreach via text messages and/or phone calls are required to abide by stricter FCC revocation of consent rules.
• Under the revocation of consent rule, consumers have the right to revoke consent at any time, under any reasonable means, to both informational messages as well as marketing and sales calls or text messages.
• Businesses are required to honor and process all reasonable revocation requests within 10 business days.
• Businesses are allowed to send a one-time confirmation text after the revocation request if further clarification of the opt-out message request is needed.
• In January 2026, the FCC issued an order delaying the so-called “revocation-all” requirement (which was supposed to go into effect in April, 2026) until January 31, 2027. This delayed provision would require businesses to potentially treat any opt-out related message request as revocation of consent for all automated marketing messages and informational/transactional calls or texts from that sender, across all purposes and company communication channels.

What are the exceptions to the TCPA?

The TCPA, while crucial in protecting consumers from unconsented communications outreach, does have certain exceptions that allow businesses to contact individuals without prior express consent. These TCPA exceptions provide businesses with some flexibility in communicating with consumers in specific situations. However, seek qualified TCPA legal compliance direction to advise if your product or service communications could meet allowed exceptions.

For example, the TCPA recognizes the need for swift communication in emergencies. Businesses can send texts or automated calls without prior consent if they are crucial for protecting people’s health or safety. This exception covers alerts for instance about severe weather, recalls, or public safety notifications.

Best practices on how to comply with the TCPA

To ensure compliance with the TCPA, businesses should implement robust procedures and systems. Here are some best practices to consider:

Obtain clear and explicit consent

Always present and document consent to contact from your customers before sending any text messages or using automated regulated technologies for outbound calling. Make sure the consent language is crystal clear and to the point. Clearly state why you need their consent and give them a simple way to opt out.

When asking for consent, keep it simple and straightforward. Avoid using jargon or language that could be misinterpreted. Be direct about why you need their consent and how they can opt out.

Document consent

You should have a record of the consent transaction including date, time, who consented, and what language they agreed to. This consent transaction record can be checked (programmatically or manually) for compliance by the contacting party before the calling or texting outreach.

The TCPA notes needing “prior express written consent” (PEWC) but the ESIGN rules allows for the consent agreement and signature to be provided and collected digitally.  

Since some lead generation involves multiple companies or services providers, it is highly recommended that both the lead seller and advertiser each have their own record of the consent transaction. Retain these records, just in case you need to show that you’ve been following the rules to respond to a lawsuit or if you are subject to a regulator inquiry.

See below how you can easily start doing this with TrustedForm.

Make unsubscribing easy

Respect the right of consumers to opt out. Ensure that every text message or robocall includes a straightforward, accessible method for unsubscribing. This could be a dedicated number, a text message keyword, or a link in the message.

Educate your team

It’s crucial that your employees are well-versed in the TCPA. Regular training not only prevents unintentional missteps but also ensures everyone is on the same page when it comes to compliance. Documented training and policies can also help in the legal defense if there is a lawsuit or regulator inquiry. You should also keep accurate, searchable records of what was covered.

Use consent-based marketing platforms

Consider using products within ActiveProspect’s platform, like TrustedForm, to make the process of getting, managing, and documenting consumer TCPA consent easier and more efficient.

Implement a bot detection solution to protect consent integrity

One of the fastest ways TCPA compliance breaks down today is through bot-generated leads. 

Sophisticated bots can submit forms using real consumer data, checking consent boxes without any human intent behind the action. In these cases, the resulting “consent” is not meaningful or legally defensible, exposing businesses to significant TCPA risk. Implementing a bot detection solution at the point of lead capture helps ensure that consent is coming from a real human—not automated software. 

TrustedForm Bot Detection helps by identifying non-human activity at the moment a form is submitted. Built directly on top of the TrustedForm Certificate, Bot Detection analyzes behavioral and contextual signals—such as interaction patterns, timing, and execution environment—to determine whether a real person actually completed the form.

When bot-like behavior is detected, leads can be flagged or filtered before they ever reach your CRM or trigger outreach. This allows businesses to avoid contacting consumers who never requested communication, strengthen the integrity of their consent records, and reduce exposure to TCPA disputes.

Start documenting lead events with TrustedForm

Confirming that prior express written consent was obtained from consumers before sending text messages or robocalls may seem like a daunting task, especially for large organizations with extensive customer lists. However, there is a solution that simplifies the process and provides peace of mind: TrustedForm.

TrustedForm is the ultimate compliance solution for documenting TCPA consent on digital lead capture forms, offering a number of products to help you:

• Document how leads were generated to provide evidence to lead buyers or litigators.
• Access and store documentation of consent for the statute of limitation of applicable regulations.
• Verify that leads have given consent in order to mitigate compliance risk.

Penalties for violating the TCPA

Violating the TCPA can lead to significant penalties.

Financial penalties

Violators can be sued for actual monetary loss or $500 per violation, whichever is greater. If the court finds that the violation was willful or knowing, the penalty can increase to $1,500 per violation​.

Legal consequences

Non-compliance can lead to class action lawsuits, where multiple plaintiffs combine their claims. This can significantly increase the financial liabilities for the violating entity.

Operational impact

Courts may issue injunctions to stop businesses from continuing their non-compliant practices immediately. This can disrupt normal business operations and require substantial changes to marketing and lead generation processes​.

Reputational damage

Violating TCPA regulations can lead to negative publicity and loss of consumer trust, which can have long-term impacts on a business’s reputation and customer relationships.

Final thoughts

Gathering TCPA consent is crucial in order to protect consumers from the growing nuisance of spam text messages and non-consented robocalls.

By requiring businesses to obtain prior express written consent before reaching out to consumers, this regulation provides individuals with more transparency on personal data sharing (privacy) between companies in lead generation transactions and reduces the number of unsolicited telephone calls or text messages.

Adhering to the rule is not only a legal obligation but also a fundamental aspect of building trust and maintaining a positive reputation among customers. Not doing so can lead to legal trouble, including fines and lawsuits. Plus, violating the rule can damage your relationship with your customers and hurt your bottom line. If you have any questions or concerns about your practices, it’s a good idea to consult with a legal compliance advisor.

Fortunately, there are tools like TrustedForm to help you streamline and automate your TCPA consent management and record-keeping process. Get a free demo now to see how it works!

The post Understanding the FCC one-to-one consent rule update appeared first on ActiveProspect.

In our webinar “Don’t panic, prepare: Navigating the undefined world of robocalls and robotexts”, we delved into the evolving landscape of call center technology with attorney Puja Amin, Partner at Troutman Amin, LLP and TCPA expert Tammy Glover Fowler, Legal & Compliance Director at Contact Center Compliance (previously Compliance Officer at Convoso).

Our panel of industry experts discussed key strategies to ensure compliance with the FCC’s latest TCPA updates, touching on a particularly relevant topic: Revocation of consent.

In February 2024, the FCC approved a significant update to the TCPA focused on expanding consumers’ ability to revoke consent to receive calls and texts. According to Puja, “Everyone’s very focused on the 1 to 1 consent rules, which they should be and they ought to be. But these new revocation rules, they are just massive, and I’m not hearing enough folks talk about this and that’s scary.”

For this reason, we would like to dive deeper into this matter to offer a better understanding of the new updates.

DISCLAIMER/UPDATE: Since our Feb 28, 2024, webinar, the FCC has published its update to the Federal Register (March 5, 2024) that established a start date of the rule changes (April 4, 2024) regarding “revocation of consent” from robocalls. But the April 4, 2024, start date will only pertain to the specific aspect regarding the one-time text message sent to confirm the revocation request. It’s important to note that the other significant amendments, including those concerning the 10 business days period will officially be effective on April 11, 2025. Lastly, the part about what constitutes “reasonable methods” has been delayed to April 11, 2026.

An overview of the new revocation of consent rule

The 10 business day window

As Puja explains, a notable shift in the rule is the introduction of a 10 business day window for companies to process and honor a DNC request received from an individual. Previously, the timeframe within which a company had to comply with such requests wasn’t legally defined. Now, failure to adhere to this rule could prompt litigation for companies that lag, processing requests on the 11th business day or after.

As predicted by Puja, “a lot of folks aren’t gonna have that much difficulty.” She expects that many companies will find an easy solution for this – likely a simple adjustment in their communication and internal DNC system’s settings. The challenge, however, may arise when coordinating internal DNC requests across multiple channels, call centers or with external partners. Although initially a shorter period like 24 to 48 hours was considered by the FCC, the settled upon 10 business day time frame provides a more practicable window for compliance for businesses.

According to Tammy, “in the day and age we’re in now, you can really do it in 10 business days.”

TCPA revocation of consent: “Stop” immediately response

The updated FCC rule establishes that a consumer’s use of the word “stop” in a text message response to a marketing message mandates a full stop – no further calls or texts can be sent. Even more imperative to note is that a “stop” response to any informational message revokes the ability to send texts or call for any reason, even in emergencies.

Puja expects this will have significant implications for those businesses that rely on sending automated messages to stay connected with their customers.

Consumers can revoke consent with any reasonable mean

The revocation of consent rule outlined methods for withdrawing consent to text message communications. Notably, it established a standard set of words like “stop,” “revoke,” and “opt-out” that consumers can use. However, the FCC opened the door to other reasonable terms for opting out, though it stopped short of providing an exhaustive list.

As Puja explains, if an exasperated consumer replies “Enough!” This too could be interpreted as a desire to unsubscribe. It’s crucial for companies and service providers to interpret these signals intelligently or to collaborate with platforms capable of recognizing a variety of withdrawal requests.

As Puja says, “It’s amazing how many times I still hear that folks only have operationalized the word ‘stop’ for a DNC request.” The FCC’s decision to highlight a handful of terms – even though they refrained from specifying every acceptable word for the DNC – should catch the attention of businesses.

Can anyone revoke TCPA consent?

Yes, under the TCPA, any adult person who has previously provided consent to be contacted has the right to revoke TCPA consent at any time and by any reasonable means. If a consumer no longer wishes to receive calls or texts from a business, they can inform the business of their decision to revoke consent, and the business must honor this request.

This applies to all types of calls and texts governed by the TCPA, including telemarketing, automated calls, prerecorded messages, and texts sent using an automated system.

Overall, TCPA consent is not permanent, and consumers retain the right to withdraw it at any time, which is a crucial part of the act’s consumer protection measures.

TCPA revocation of consent requires immediate change

Once a consumer revokes TCPA consent, companies are legally required to immediately stop all telemarketing and automated communications, including marketing texts, calls, and prerecorded messages. Here’s what companies need to do to ensure compliance:

1. Cease communications immediately. As soon as a consumer revokes consent, the company must stop sending marketing texts or making automated calls to that consumer. Continuing to contact them can result in TCPA violations, which can carry significant fines, penalties, and litigation.
2. Update internal records. Companies should promptly update their CRM or contact management systems to reflect the consumer’s revocation of consent. This prevents accidental future contacts and keeps records clear in case of an audit or legal dispute.
3. Implement a real-time consent management system. A system that processes opt-outs and revocations in real time is essential to avoid delays. Automated systems should be designed to recognize and immediately act on any opt-out requests, particularly for text messages and automated calls.
4. Acknowledge revocation, if appropriate. While not always necessary, acknowledging receipt of the revocation can reassure consumers that their request has been processed. For example, a final message might say, “You have been unsubscribed from further communications.”
5. Train staff on TCPA compliance. Companies should regularly train employees on TCPA compliance, especially those involved in telemarketing, customer service, and CRM management, so they understand the importance of honoring consent revocations immediately.
6. Maintain a do-not-contact list. Consumers who have revoked consent should be added to an internal do-not-contact list, ensuring they are excluded from future marketing campaigns. This is particularly important for companies that outsource marketing activities to third parties, as those vendors must also comply with revocation requests.

By immediately stopping marketing texts and automated calls after a TCPA revocation, companies not only comply with the law but also build trust and respect for consumer preferences. Accurate recordkeeping is central to compliance, whether tracking consent revocations or issuing digital pay stubs. Securely managing both helps ensure transparency and protects against legal risks.

The importance of a TCPA revoke consent disclosure

Providing a clear and conspicuous TCPA revoke consent disclosure is essential for businesses to comply with the TCPA and to maintain transparent communication with consumers.

This disclosure should inform consumers of their right to revoke consent for marketing communications and explain how they can do so. Here’s why it’s important:

• Consumers should be able to revoke consent easily and by any reasonable means. A clear disclosure ensures that companies meet this requirement, reducing the risk of non-compliance, potential fines, and litigation.
• When consumers know they have control over communications, they are more likely to feel respected and trust the company. Transparency around revocation options can improve brand reputation and customer loyalty.
• Providing a clear revocation disclosure minimizes the likelihood of misunderstandings that could lead to complaints, lawsuits, or TCPA violations. This helps protect the company from costly legal consequences.

Key elements of a TCPA revoke consent disclosure

A well-crafted TCPA revoke consent disclosure should include the following information:

1. Right to revoke: Clearly state that the consumer has the right to revoke their consent for receiving marketing communications at any time.
2. Instructions on how to revoke: Provide simple, direct instructions on how consumers can opt out, including a variety of methods (e.g., replying “STOP” to a text message, calling a customer service number, or filling out an online form). Multiple options ensure it’s accessible and easy for consumers.
3. Immediate cessation of communications: Assure the consumer that revocation will result in the immediate cessation of all marketing texts, automated calls, and any other forms of communication under the TCPA.
4. Contact information: Include the company’s contact details (like a phone number or email address) for any questions about the revocation process, helping to further clarify the process and make it more convenient.
5. Confirmation of revocation (optional but recommended): Let consumers know they will receive a confirmation once their revocation request is processed. This reinforces transparency and can increase consumer confidence in the process.

By providing a clear and conspicuous TCPA revoke consent disclosure, companies empower consumers to manage their communications, reduce the risk of non-compliance, and demonstrate a commitment to consumer rights and transparency.

How to revoke TCPA consent

Consumers have the right to revoke prior express consent to receive telemarketing calls or texts at any time, using a reasonable method. Here’s a summary of the main acceptable methods to revoke TCPA consent.

Verbally (over the phone)

A consumer can simply tell a representative during a phone call that they no longer wish to be contacted. This is valid and must be honored.

Text message

Replying to a marketing text with standard keywords like “STOP,” “UNSUBSCRIBE,” or similar clear opt-out language is an acceptable revocation method.

Email

Sending an email to the business stating they wish to revoke consent is valid. The business must treat this as an opt-out request.

Written notice (letter or form)

A mailed letter or completion of a web form indicating revocation of consent is also acceptable under the TCPA.

Any other reasonable method

As clarified by the FCC, any clear and reasonable method – even if not formally provided by the business – is considered valid. If the intent to revoke is clear, it must be honored.

The implications of revoke TCPA consent requests for companies

As Puja highlights, companies now face the imperative to rethink how “stop” opt-out notifications are crafted. They’ll need to clarify – and likely get creative – about what exactly a “stop” message opts consumers out from. It’s a delicate balance to maintain, ensuring compliance while still meeting customers’ needs and expectations.

Furthermore, the FCC’s ruling clarifies that a one-time follow-up text for clarification is permissible. Yet if the consumer doesn’t engage with this follow-up, businesses must assume a global opt-out has been requested. Notably, a swift five-minute response window is allowed for response clarification text messages that can be sent.

Lastly, for entities utilizing messaging capabilities without direct reply functions, disclosure on alternative opt-out methods is now essential – be it a web link or instructions for a different communication channel.

Things to look out for regarding TCPA revoke consent requests

As Tammy explains, many of us unwittingly agree to receive communications from our bank – for example – when we share our contact details. This is known as express consent. However, it’s essential to understand that there’s a distinction between express consent – granted tacitly – and express written consent, which is given more deliberately. With the integration of opt-out options in informational messages, it’s crucial to stay vigilant.

After all, as a consumer, you wouldn’t want to miss out on important fraud alerts simply because you opted out without a second thought. It pays to be judicious about the alerts you choose to receive – knowledge and attention here are key.

If you’d like to refresh your memory on the difference between express consent and express written consent, take a look at this blog post.

Does verbal cease and desist revoke TCPA consent?

Yes, a verbal cease and desist can revoke TCPA consent—but the details matter.

Both the FCC and multiple federal court decisions have confirmed that consumers can revoke TCPA consent through any reasonable means, including verbal statements. That means a consumer telling a caller to stop calling—whether live or through voicemail—can revoke previously given consent to be contacted under the TCPA.

Notably, there is no requirement that consent revocation be in writing, unless the original consent agreement explicitly requires it (which is uncommon and often legally contested). Court rulings such as Gager v. Dell Financial Services and the D.C. Circuit’s decision in ACA International v. FCC reinforce this principle.

While verbal revocation is valid, it poses a proof challenge, particularly for businesses. Unlike emails or written requests, a verbal cease and desist may be hard to verify after the fact—especially if the call wasn’t recorded or documented. This opens up potential liability if a consumer claims they revoked consent and the business has no evidence to show otherwise.

Therefore, a verbal cease and desist could revoke TCPA consent—but businesses must take steps to recognize, record, and honor those revocations to remain compliant. On the consumer side, using clear language like “I revoke my consent to be contacted” can help eliminate ambiguity and trigger proper action.

When is the TCPA revocation of consent rule expected to be enforced?

Just days before the new TCPA revocation rules were set to take effect, the FCC issued a partial delay – offering businesses some breathing room, but not a free pass.

The most complex part of the update, known as the “reasonable methods” provision, is now postponed until April 11, 2026. This gives businesses an extra year to prepare for new requirements like honoring loosely worded opt-outs, coordinating revocations across systems, adding opt-out limitations to messages, and processing requests within 10 business days. 

However, key parts of the rule still went into effect on April 11, 2025, including the requirement to add clear opt-out instructions in all marketing texts and to honor Do Not Call (DNC) requests within 10 business days. While the toughest provisions are temporarily on hold, organizations still need to lay the groundwork for full compliance – because the full rule is coming.

In summary

The new FCC revocation rule heightens the urgency of processing DNC requests and stipulates clear guidelines when consumers issue a “stop” response. It’s a move towards clearer consumer rights and requires businesses to adapt swiftly to respect customer preferences while mitigating potential legal repercussions.

According to our Director of Privacy, Security, and Compliance, Benjamin Farrar, “It’s an opportunity to take a look at your business models and see where you could improve, provide more transparency, and think from the consumer.”

As Puja and Tammy both highlight, organizations will likely need to pivot, crafting clear and comprehensive opt-out instructions while ensuring all systems are calibrated to meet these new standards. It’s a significant change, but one that ultimately benefits the transparency and respect between businesses and consumers.

Stay ahead of the curve with ActiveProspect’s guidance on the latest TCPA guidelines. Watch the full episode and sign up for our insightful FCC webinar series.

For constant updates on TCPA matters, don’t hesitate to subscribe to InsideCBM today!

DISCLAIMER: This page and all related links are provided for general informational and educational purposes only and are not legal advice. ActiveProspect does not warrant or guarantee this information will provide you with legal protection or compliance. Please consult with your legal counsel for legal and compliance advice. You are responsible for using any ActiveProspect Services in a legally compliant manner pursuant to ActiveProspect’s Terms of Service. Any quotes contained herein belong to the person(s) quoted and do not necessarily represent the views and/or opinions of ActiveProspect.

The post Unpacking the new FCC TCPA revocation of consent rule appeared first on ActiveProspect.

UPDATE: The FCC’s proposed one-to-one consent rule has officially been canceled. The FCC originally planned to enforce its new one-to-one consent rule, requiring that consumer consent be tied directly to the specific seller making contact, starting January 27, 2025. This regulation was designed to tighten compliance standards across lead generation and telemarketing.

But just days before implementation, on January 24, 2025, two major developments changed everything: the FCC postponed one-to-one consent with a formal 12-month delay, and the Eleventh Circuit Court of Appeals ruled in favor of the Insurance Marketing Coalition, stating that the FCC lacked the authority to enforce the rule. As a result, the one-to-one consent requirement has been struck down and will not proceed.

However, TrustedForm Verify remains our recommendation for any business that values a high standard of compliance. With TrustedForm Verify, businesses can mitigate risk by verifying that their requirements for obtaining prior express written consent are met and presented digitally, enhancing their ability to audit at scale.

Furthermore, Verify helps businesses:

• Evaluate compliance in a consistent manner that reduces the chance of errors that can occur through manual processes, especially when managing multiple vendors
• Increase productivity by saving time through automated tasks that reduce the need for time-consuming manual reviews
• Consolidate the data they need to assess how well multiple vendors are complying with your requirements

The FCC’s 1:1 consent requirement may be gone, but TrustedForm Verify remains as vital as ever for businesses looking to turn compliance into an advantage and operate at scale. Explore how Verify can help your business today:

There’s no denying the pivotal role that regulations play in shaping the lead generation and performance marketing industry. In our 2024 webinar, “Taking Action: How TrustedForm Verify solves 1:1 consent,” industry leaders gathered to discuss ActiveProspect’s feature, TrustedForm Verify 1:1 Consent Check.

Benjamin Farrar, our Director of Privacy, Security, and Compliance, Christopher Williams, our Technical Product Manager for TrustedForm, and Steve Rafferty, our CEO, tackled the announced regulations. Although one-to-one consent fell through, the conversation and insights are still valuable as the industry rapidly evolves.

Significant updates from the FCC about the TCPA

You’re likely aware of the major updates the FCC announced for the TCPA in 2024. For lead generation professionals, including buyers, sellers, website publishers, and performance marketers, the industry was set to change forever, until it wasn’t. 

The one-to-one requirement would have required all businesses involved in lead generation—buyers, sellers, publishers, and performance marketers—to obtain explicit consent from consumers for each specific advertiser before initiating contact.

Originally, the rule was set to be enforced starting January 27, 2025. Many in the industry, including leaders like Farrar, emphasized the importance of aligning your websites, landing pages, and CRMs with these new requirements well ahead of the deadline. Planning around the 30, 60, and 90-day pre-enforcement windows was seen as critical.

However, that enforcement will no longer happen. Just days before the rule was to take effect, the FCC issued a formal 12-month delay, and the Eleventh Circuit Court of Appeals ruled that the FCC lacked the authority to enforce the rule. As a result, the one-to-one consent requirement has been struck down and will not move forward.

While the FCC’s broader goal of reducing unwanted calls and texts remains, the immediate mandate for one-to-one prior express written consent is no longer in place. This abrupt change underscores the importance of staying agile and informed in the rapidly evolving regulatory environment around consumer consent and lead generation.

How TrustedForm can help

As Steve explains, TrustedForm consists of four distinct products: TrustedForm Certify, TrustedForm Retain, TrustedForm Verify, and TrustedForm Insights. Here’s a brief overview of each:

• TrustedForm Certify is used to issue certificates. Publishers or website owners can implement our web SDK to start certifying leads for free by signing up for an ActiveProspect account.
• TrustedForm Retain is a paid product for storing certificates. It retains certificates for five years, providing access to full session replays, disclosure language, and consumer agreement details.
• TrustedForm Verify allows programmatic consent verification before contacting consumers. It ensures you have valid consent, specifically one-to-one consent for your brand or legal entity.
• TrustedForm Insights provides metadata associated with lead events, such as originating domain, lead age, and time spent on the page. This information is crucial for campaign optimization.

In October, Christopher explained how ActiveProspect’s TrustedForm Verify 1:1 Consent Check can confirm two distinct methods for obtaining one-to-one consent. The first method involves displaying a single name within the consent language. However, many publishers we’ve spoken to also want the flexibility to share leads with multiple parties. For this, they plan to use a list of checkboxes – an approach the FCC highlighted in their proposed updates.

According to Christopher, standardizing these two methods was our primary motivation for developing this new solution. Additionally, we recognized the need for a scalable way to verify consent. Manually reviewing session replays for each lead is impractical, so our feature provides a programmatic approach to handle thousands or even tens of thousands of leads efficiently.

How TrustedForm Verify 1:1 Consent Check works

As expressed by Christopher, it begins with TrustedForm Certify, a JavaScript snippet installed on publishers’ forms that shares users’ activity. Publishers will now need to provide more information beyond just adding the snippet.

Once Certify is properly installed, a TrustedForm certificate is generated, and its URL is sent to your lead-buying system. Ideally, you’re using LeadConduit, ActiveProspect’s integrated lead-buying system, but TrustedForm can work with any system that’s willing to integrate.

Your system needs to make a call to TrustedForm Verify, passing in your legal entity name to check for consent. Verify will then confirm if one-to-one consent was given with a simple “yes” or “no” response, making it easy for your lead-buying system to decide the next steps – whether to reject the lead or flag it in your CRM.

We strongly advocate for consent-based marketing, so you should only engage with contacts who have given explicit one-to-one consent to the brand contacting them, as per the FCC’s recent ruling.

What lead sellers need to do to start verifying one-to-one consent

As Christopher explained earlier, you’ll need to make some adjustments to how you use the TrustedForm Certify product. Previously, you just added our JavaScript snippet to your form, and that was it – quick and easy. Now, we need you to also tag key elements in your form that are used to obtain one-to-one consent.

You’ll need to label where the advertiser names are displayed, where the submit button is located, and where the consent language is presented. By providing this information, you share with us the data we need to make simple logic decisions, like counting the number of names in the consent language or verifying that your checkbox was actually checked.

This process is straightforward and shouldn’t add much extra work, especially since you’re likely already updating your forms to meet the new FCC requirements.

Check out this guide for more information on how TrustedForm Verify 1:1 Consent Check works.

Lead form examples

Christopher shared some form examples. The first, and simplest, includes just one advertiser in the consent language. Here, we can examine the consent language to see which advertisers are listed. If there’s only one, we can confirm that the advertiser has provided notice in a one-to-one consent manner to contact the consumer. If multiple companies are listed in the consent language or if there’s a link to a list of marketing partners, then one-to-one consent does not appear to be correctly presented.

The second example, which many publishers plan to use, features a list of companies with checkboxes next to each. In this case, what matters is that the checkbox next to your company’s name was checked. It doesn’t matter how the box was checked – whether it was pre-checked or selected via a “select all” option. The crucial point is that your name was checked when the form was submitted, indicating the consumer chose to hear from you.

The third example is much like the second, with a few slight differences. Here, the company‘s name isn’t displayed; instead, a logo is used. Additionally, instead of a traditional checkbox, there’s a selectable tile for choosing the company you want to hear from. This format is also acceptable.

As the law evolves and case law develops, we’ll stay updated and make any necessary changes.

What lead buyers need to do to start verifying one-to-one consent

To ensure you have one-to-one consent, confirm that the correct company name is listed. We’ll need you to specify that name, and then we’ll handle the rest. Make sure all your vendors are aware of the appropriate name to use.

Once integrated with the API, simply send those results to your CRM or the system you use to manage leads and make decisions.

Benefits of using TrustedForm Verify 1:1 Consent Check

For lead vendors, the primary benefit is enhancing the value of your leads. When you send a lead that can be verified for one-to-one consent, its value increases significantly. This trust can strengthen existing partnerships and attract new ones.

For advertisers, the key advantage is compliance, which greatly reduces risk. Avoiding fines and class action lawsuits is crucial for your business. Additionally, you’ll protect your brand reputation.

Consumers are wary of unsolicited contact and spam calls. Ensuring one-to-one consent means consumers are more likely to expect and welcome your contact, leading to higher-intent leads. This results in better conversion rates and improved overall experiences, potentially boosting KPIs across your entire business.

Takeaways

Here are some key takeaways that we were able to gather from our webinar “Taking Action: How Here are some key takeaways that we were able to gather from our webinar “Taking Action: How TrustedForm Verify solves 1:1 consent:”

• ActiveProspect’s new TrustedForm Verify 1:1 Consent Check feature helps businesses programmatically check if valid consent was obtained.
• TrustedForm Verify 1:1 Consent Check works by tagging key elements in a form that are used to obtain one-to-one consent and then verifying if consent has been given.
• The feature is flexible and can accommodate different web form solutions.

While the FCC’s one-to-one consent rule has been canceled, the need for rock-solid TCPA compliance hasn’t gone away. In fact, verifying that consent is not only present but also valid has never been more important. That’s where TrustedForm Verify continues to deliver.

ActiveProspect just rolled out a powerful upgrade to TrustedForm Verify, adding three new automated compliance checks that take the guesswork—and the manual review—out of consent validation:

• Font size check: Flags disclosures that are too small to be considered “clear and conspicuous.”
• Contrast ratio check: Ensures the text color stands out from the background, so consumers can actually read the disclosure.
• Opt-in type check: Lets you define what counts as valid consent, like requiring an active checkbox instead of passive language.

These new checks are built for scale and precision. They address a common blind spot in lead buying: the visual and structural integrity of the consent itself. 

It’s not enough to say someone agreed, you need to prove they did.

Schedule a free demo now, and we will help you get started with TrustedForm Verify!

DISCLAIMER: This page and all related links are provided for general informational and educational purposes only and are not legal advice. ActiveProspect does not warrant or guarantee this information will provide you with legal protection or compliance. Please consult with your legal counsel for legal and compliance advice. You are responsible for using any ActiveProspect Services in a legally compliant manner pursuant to ActiveProspect’s Terms of Service. Any quotes contained herein belong to the person(s) quoted and do not necessarily represent the views and/or opinions of ActiveProspect.

The post How to achieve seamless one-to-one consent with TrustedForm Verify appeared first on ActiveProspect.

As industry experts, we’re dedicated to providing unparalleled information to help you enhance your business. Our team brings you the latest news, research, and trends to help you stay compliant and maximize ROI. Join us on this exciting journey to uncover the potential of consent-based marketing for your business.

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Use SMS and autodialers without worry when you document and prove consent for TCPA compliance. See just how easy it is with TrustedForm.

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