The Impact of the FCC's One-to-One Consent Rule: Preparing for Increased Litigation Risks

The Federal Communications Commission's (FCC) introduction of the One-to-One Consent Rule, now delayed until January 26, 2026, marks a significant shift in telecommunications regulations, requiring businesses to obtain explicit, written consent from consumers for communications related to specific sellers. This regulation, which aims to address increased consumer privacy concerns amid aggressive telemarketing practices, necessitates that each consumer provides separate consent for each seller, complicating existing consent frameworks and potentially escalating litigation risks under the Telephone Consumer Protection Act (TCPA). Companies are advised to reassess their consent management strategies, invest in robust tracking systems, and educate consumers about the new requirements to mitigate potential legal challenges, while also considering how technology and data analytics can aid compliance and enhance customer engagement. The evolution of this rule reflects an ongoing trend toward stricter telemarketing regulations, with businesses needing to anticipate further changes and demands for transparency in data usage.