/>iFor those hoping to see the FCC backtrack off of its previous one-to-one rule position following efforts by the SBA a new Small Business guide from the Commission offers little hope.
In the new document the FCC summarizes the requirements of the one-to-one rule for small businesses as follows:
In the Second Report and Order, Commission revised the “prior express written consent” definition to make it clear that the consent must be from the called or texted party to each seller/caller, on a one-to-one basis, and that the calls and texts must be logically and topically associated with the website or other interaction when consent was obtained.
- Prior express written consent requires:
- A written agreement,
- Signed by the person called or texted, and
- The agreement 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.
- The agreement must identify the telephone number to which the signatory authorizes such advertisements or telemarketing messages to be delivered.
Calls and texts must be logically and topically associated with the interaction that prompted the consent.
This is a pretty crystalline summary of the new rule but none of the modifications lead gen had hoped for–such as a change from “seller” to “entity” are present.
Remains to be seen whether any modification to the actual rule is to be expected.
The small business guide also confirms texts are subject to DNC protection:
No person or entity shall send a solicitation or marketing text to a consumer with a wireless number in the National DNC Registry without the consumer’s prior express invitation or permission before sending, as detailed in section II.C below
No surprise that texts are subject to DNS protections. Notice, however, this provision suggests PEWC is required for texts to numbers on the DNC list–which is not actually true. Rather PEIP is required. Not sure if this was intentional or an oversight.
In any civil or administrative action against a small entity for a violation of rules, the content of the Small Entity Compliance Guide may be considered as evidence of the reasonableness or appropriateness of proposed fines, penalties or damages
More information here.
