New TCPA Regulations: What you need to know to keep your company out of trouble

Update: The one-to-one consent rule described on this page never took effect. On January 24, 2025 the U.S. Court of Appeals for the Eleventh Circuit struck it down in Insurance Marketing Coalition Ltd. v. FCC (No. 24-10277), holding that the FCC had gone beyond what the Telephone Consumer Protection Act allows. The court’s mandate issued on April 30, 2025, and the FCC deleted the vacated language from its rules on August 29, 2025. The federal standard went back to what it was before: prior express written consent. The rest of this page is kept as a record of what the 2023 order proposed. It does not describe the rules in force today, and it is not legal advice.

What this changes if you buy leads: the question is no longer which rule you have to follow, it is what you require from the company selling you the lead. Ask any seller to show you the consent record behind each lead — the page it was captured on, the time and date, and the exact wording the consumer agreed to — and keep that record on file before you dial.

Introduction

There was significant confusion surrounding the use of AI, SMS, auto-dialers, and the changes that had been set to take effect on January 27, 2025 under the TCPA (Telephone Consumer Protection Act). Those changes were vacated in court and never applied. This guide explains what was proposed and what it means for a company buying leads.

Background

The FCC (Federal Communications Commission) has the authority to interpret the TCPA. On January 26, 2024 the FCC published revisions to the TCPA in the Federal Register that were scheduled to become effective on January 27, 2025. The consent restrictions in those revisions were vacated before that date and the FCC later deleted them from its rules.

Key Changes

1. One-to-One Opt-In Consent

The vacated rule would have required Prior Express Written Consent (PEWC) to be obtained one seller at a time. It was aimed at the “lead generation loophole,” where one broad consent form let many companies contact a consumer. Because the rule was struck down, that is a description of what was proposed, not of a requirement in force.

Example:

• Old method: A consumer fills out a single form consenting to receive calls from “Company A and its marketing partners.”
• New method: The consumer must fill out separate consent forms for Company A, Company B, Company C, etc., if all wish to contact them.

2. Topical Relevance

The vacated rule would also have required calls and texts to be logically and topically related to the website where the consumer gave consent. The Eleventh Circuit struck down this restriction together with the one-seller-at-a-time restriction.

Example:

• Compliant: A consumer provides consent on a car dealership’s website and receives calls about car sales or service.
• Non-compliant: The same consumer receives calls about unrelated products like life insurance or home renovations.

3. Application to Texts

The FCC has explicitly codified that the TCPA’s Do Not Call (DNC) rules apply to text messages as well as voice calls.

Impact on Different Types of Communication

Automated Systems (ATDS)

If you are using AI, SMS, or an ATDS (Automatic Telephone Dialing System) to contact consumers on their mobile devices, the one-to-one requirement announced for January 27, 2025 does not apply to you, because it was vacated. Prior express written consent is still the standard.

Technical Definition of ATDS

Under the TCPA, an ATDS is defined as equipment that has the capacity:

1. To store or produce telephone numbers to be called, using a random or sequential number generator; and
2. To dial such numbers automatically.

Important Note: Many modern dialers use some form of random or sequential number generation in their source code. Even if you’re manually dialing, if your system has this capability, it could be classified as an ATDS, making it subject to the TCPA.

Manual Dialing

If you’re manually dialing leads, you might think you’re exempt from the ATDS rules. However, caution is advised. If your system has the capacity to store or produce numbers using a random or sequential number generator, it could still be classified as an ATDS.

B2B Communications

The TCPA can apply to B2B communications, especially when contacting cell phones. Many business owners use cell phones for business purposes, so it’s crucial to:

1. Scrub your contact lists against the Do-Not-Call (DNC) list
2. Check against cell phone databases
3. Obtain written consent for any B2B communication that might involve a cell phone

Obtaining Proper Consent

What is Written Consent?

Written consent means the consumer has provided a clear, signed agreement, specifically authorizing a particular company to contact them. The consent must be unambiguous, and the consumer must receive a clear and conspicuous disclosure.

Example of Compliant Consent Language: “By signing below, I authorize [Company Name] to contact me by phone or text message at the number provided, including through the use of automated technology, about [specific topic]. I understand that I am not required to provide this consent as a condition of purchase.”

Penalties for TCPA Violations

1. Statutory Damages: $500 per violation. Each unsolicited call, text, or fax is a separate violation.
2. Treble Damages: If the court finds the violation was willful or knowing, damages can increase to $1,500 per violation.
3. Class Action Lawsuits: TCPA violations often lead to class actions, with total damages potentially reaching millions of dollars.
4. Injunctions: Courts can issue injunctions to stop further violations, which could require changes to business practices or halt certain communications entirely.

Best Practices for Compliance

1. Update all consent forms to be specific to each company or brand.
2. Ensure your dialing systems are compliant with the latest ATDS definitions.
3. Implement robust record-keeping practices to document all consents obtained.
4. Regularly train staff on TCPA compliance and updates.
5. Conduct periodic audits of your communication practices.

Further Resources

For more detailed information, consider consulting the following resources:

1. FCC’s Official TCPA Page
2. Electronic Code of Federal Regulations – TCPA
3. National Association of Attorneys General – TCPA Information

Remember, while this guide provides an overview, TCPA compliance can be complex. It’s advisable to consult with legal counsel to ensure full compliance with these new regulations.