FCC 23-107 became effective January 27, 2025 and is the most significant change to telemarketing consent requirements in over a decade. The one-to-one consent rule does not just modify an existing compliance framework — it makes the consent model that the majority of the insurance lead industry operated on since 2012 legally insufficient for ATDS campaigns.
This is not a theoretical risk. The plaintiffs' bar has been preparing for this change since the rule was published. If your consent infrastructure has not been updated and you are running predictive dialing or ATDS campaigns on mobile numbers, you are operating with unacceptable exposure right now.
What FCC 23-107 Actually Says
The rule requires that prior express written consent for telemarketing calls and texts must be "logically and topically associated" with the website or context where consent was given, and obtained from "one seller at a time."
In plain English: a consumer who submits a form on a lead aggregator's website and sees a checkbox saying "I consent to be contacted by insurance companies" has not provided valid prior express written consent for any specific insurance company's ATDS calls.
What Changed
- Shared consent from lead aggregator forms is no longer valid for ATDS campaigns
- Consent to "our partners" or "affiliated companies" is no longer valid
- Bundled consent (required as a condition of using a website) is no longer valid
- A single form submission cannot distribute consent to multiple calling parties
What Did Not Change
- Manual dialing to mobile numbers does not require prior express written consent
- Calls to landlines for non-commercial purposes still have different consent thresholds
- Prior business relationship calls from existing clients operate under different rules
- DNC registry requirements are unchanged — scrubbing is still required independently of consent
What Agents Using Predictive Dialers Must Do Now
- Audit your consent documentation. For every mobile number in your ATDS queue, can you produce a consent record naming your specific agency, obtained on a logically related page, showing active one-to-one affirmation?
- Replace shared-consent lead sources for ATDS use. Records whose consent comes from a lead aggregator's shared opt-in form are no longer valid for predictive dialing.
- Build or update your consent form. The seven required elements. Your agency-specific landing page with a non-pre-checked consent checkbox is the minimum.
- Update your CRM consent field. Every record in your ATDS queue should have a consent record showing source, timestamp, and mechanism.
What Agents Using Power Dialers Should Do
Power dialing — agent-initiated, one call at a time — is generally not ATDS under current FCC guidance and the Facebook v. Duguid (2021) Supreme Court ruling. The FCC 23-107 one-to-one consent requirement does not apply to power dialer campaigns on purchased lists.
However: DNC compliance is unchanged and independent of the ATDS consent question. A power dialer calling a DNC-registered mobile number is still a TCPA violation. Scrub every list before every campaign regardless of dialing method.
Power Dialer Users:
FCC 23-107 consent requirements do not apply to your non-ATDS campaigns. Maintain DNC compliance and continue purchasing verified lists.
Predictive Dialer Users:
Pause and audit. Every mobile number in your ATDS queue needs FCC 23-107-compliant consent documentation before you resume.
Scrub your list for DNC, litigator, and active status before every campaign at cleanleads365.com/scan-my-list. Use our free TCPA Fine Calculator to see your exact exposure based on your call volume and violation type.
References
- Federal Communications Commission. (2024). FCC 23-107. In the Matter of Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991.
- Facebook, Inc. v. Duguid, 592 U.S. 395 (2021). Supreme Court narrowing of ATDS definition.
- 47 C.F.R. 64.1200(f)(9). Prior express written consent definition as amended by FCC 23-107.
