The FCC published its final ruling modifying the TCPA’s express consent definition, triggering a cascade of countdowns on various deadlines.

The delay in publication was apparently linked to an error in rule classification as the Commission recently issued a notice of errata reclassifying the rule as a “major” rule and issuing additional implementation time for portions of the ruling.

Per the stated deadlines in the rule, the rule is effective March 26, 2024 except as to the requirements related to carriers and text message blocking. Those rules are effective July 24, 2024. 

Importantly, the effective date for the one-to-one consent rule has been set and it is January 27, 2025.

Following the effective date, the definition of express written consent will change to the following (major changes bolded):

(f) * * *
(9) The term prior express written consent means an agreement, in writing, that bears the signature of the person called or texted that clearly and conspicuously authorizes no more than one identified seller to deliver or cause to be delivered to the person called or texted advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice. Calls and texts must be logically and topically associated with the interaction that prompted the consent and the agreement must identify the telephone number to which the signatory authorizes such advertisements or telemarketing messages to be delivered.

(i) The written agreement shall include a clear and conspicuous disclosure informing the person signing that:

(A) By executing the agreement, such person authorizes the seller to deliver or cause to be delivered to the signatory telemarketing calls or texts using an automatic telephone dialing system or an artificial or prerecorded voice; and

(B) The person is not required to sign the agreement (directly or indirectly) or agree to enter into such an agreement as a condition of purchasing any property, goods, or services. The term ‘‘signature’’ shall include an electronic or digital form of signature, to the extent that such form of signature is recognized as a valid signature under applicable Federal law or State contract law.