FCC Postpones Effective Date of One-to-One Consent Rule

On January 24, 2025, the Federal Communications Commission (FCC) postponed the effective date of the One-to-One Consent Rule. The Rule was set to take effect on January 27, 2025. However, the Rule was being challenged in Insurance Marketing Coalition Ltd v. FCC, currently on appeal before the 11th Circuit Court of Appeals. The FCC decided to postpone the effective date of the Rule pending judicial review and will publish a new effective date in the Federal Register after the legal challenges have concluded, but no later than January 26, 2026. The FCC also postponed the effective date of a Second Text Blocking Report and Order which expressly extended Do-Not-Call Registry requirements and protections to text messages in addition to phone calls.

Until further notice, the One-to-One Consent Rule will not take effect, but previous Telephone Consumer Protection Act (TCPA) regulations issued by the FCC remain in place. Real estate professionals use telemarketing calls and texts to promote their services to consumers, which can be an effective tool when implemented in compliance with relevant laws. The purported purpose of the Rule was to require that telemarketers and sellers of a product or obtain express written consent directly from the consumer, known as 1-to-1 consent, before using an Automatic Telephone Dialing System (ATDS) or sending artificial or prerecorded voice messages.