iSo when should you really start complying with the FCC’s new one-to-one rule?
The answer may surprise you.
But first, people keep asking me: “is the FCC’s new one-to-one rule retroactive?” The answer is “no”–but that’s also the wrong question.
Retroactivity means that conduct in the past suddenly becomes illegal.
The rule does not operate that way. Meaning a call you made on January 25, 2025 does not suddenly become illegal on January 27, 2025.
So in that sense, the ruling is not retroactive.
However the ruling does have a retroactive impact on your leads.
This is true because it changes what the requirements are for leads you gathered in the past to calls you are making in the future.
Stated simply, the one-to-one rule requires all calls made on or after January 27, 2025 to be made on a consent that complied with the one-to-one rule.
It does not matter when the lead was generated. It does not matter that the consumer said “call me” the day before. It does not matter that the consumer agreed in pristine PEWC that was legal on January 25, 2025. It does not matter that calls you made on January 25, 2025 to that consumer on that same lead were, and remain legal.
The only thing that matters is that you called on January 27, 2025.
And in doing so you MUST now comply with the new rule for that call. If your lead from January 25, 2025 does not meet the requirements of one-to-one you CANNOT call it on January 27, 2025.
Full stop. Period.
So yes the rule destroys all of the current leads you are buying and it will continue to do so until you stop buying leads that don’t comply with the one-to-one rule.
Which begs the question….
why are you stilling buying leads that don’t comply with the FCC’s one-to-one rule?
And so that, my friends, is the answer.
When should you really start complying with the new rule?
Right now.
Now in fairness alot of people are waiting for the R.E.A.C.H. standards to come out before finalizing their lead sales/purchase decisions around one-to-one, and I respect that.
But make no mistake that the clock is already ticking here folks.
