FCC 1-to-1 Consent: What it is and why Publishers should care

The FCC's new 1-to-1 consent regulation that is due to take hold in January 2025 brings a heightened level of accountability for advertisers, requiring explicit, individual consent before initiating any marketing communications with consumers. Compliance with this regulation is crucial to avoid potential penalties and maintain credibility. 

Disclaimer: This article is for informational purposes only and does not constitute legal advice.

What Are the FCC 1-to-1 Consent Rules?

Starting January 2025, the FCC will require that each outgoing communication to a consumer be based on explicit, specific consent from the consumer, to be contacted by the specific business for each communication type and for the purpose the lead information was submitted for.

Why Should Publishers Care?

 In order to be compliant with the new regulation lead buyers will require the publishers to implement clear, opt-in mechanisms and keep meticulous record-keeping, showing consent was provided by the consumer.

Failing to comply with the regulation will expose the lead buyers to legal action when reaching out to the consumer so unless the publishers implement the consent mechanism the lead buyers would very likely refuse to buy leads from them.

Challenges of Implementing the Compliance Requirements for Publishers

1. Granular Consent Collection
   Implementation of opt-in systems where users can actively select their communication preferences (e.g., email, SMS) and specific service providers they want to be contacted by. This ensures clarity for consumers and compliance with FCC standards.

2. Tracking and Recording User Consent
   An organized, synchronized system for tracking and storing user consent is essential. This system should be capable of synchronizing data across platforms and enabling easy opt-out management.

3. Increasing Consent Acceptance Rates
   To increase the likelihood of receiving consent from the consumer, publishers will want to provide the consumers with more than one lead buyer option. This requires putting in place a system to manage multiple lead buyers and their consent requirements.  

What Can Publishers Do to Stay Compliant?

Generally speaking there are two approaches you can choose from. If you have a strong in-house technical team and have already developed the lead generation forms and fraud detection systems then it may make more sense for you to implement the consent system yourself. On the other hand if you don’t have the technical skills or have not implemented the lead generation forms or/and the data validation layers you should consider partnering with a third-party platform such as AdSwapper that can provide you with a lead generation solution that includes preconfigured forms, data validation and 1-to-1 consent. 

Final Thoughts

For publishers, achieving FCC compliance is essential for sustainable lead generation. By prioritizing transparent consent processes and collaborating with FCC-compliant third-party platforms, publishers can efficiently meet regulatory requirements, minimize risks, and build lasting consumer trust.