Overview
The FCC's TCPA "one-to-one consent" rule never took effect. A federal appeals court struck it down on January 24, 2025, and the FCC formally removed it from its rules effective August 29, 2025. LeadExec and SalesExec still help lead sellers and buyers capture, store, and pass consent records, which matter under the TCPA rules that do apply.
This article explains what the rule would have required, where it stands today, and how ClickPoint Software's LeadExec and SalesExec handle consent.
This isn't legal advice. TCPA and state telemarketing rules are complex and change over time. Talk with your own lawyer about how they apply to your business.
What was the one-to-one consent rule?
In December 2023, the FCC adopted a rule that changed the meaning of "prior express written consent" under the Telephone Consumer Protection Act (TCPA). The rule was part of the FCC's Second Report and Order (FCC 23-107), adopted December 13, 2023.
The rule would have required that:
One seller per consent: A consumer's written consent could cover only one seller at a time. On a comparison shopping site, the consumer would have had to choose each seller separately.
Related calls only: Calls and texts had to be "logically and topically related" to the website where the consumer gave consent.
The rule applied to marketing calls made with an autodialer or a prerecorded or artificial voice, and to marketing texts. It mattered most to lead sellers, because one consent form often covered many buyers.
What is the current status of the rule?
The rule never took effect. Here is the timeline:
Date | What happened |
December 13, 2023 | The FCC adopted the rule in FCC 23-107. |
January 26, 2024 | The order was published in the Federal Register. The rule was set to take effect January 27, 2025. |
January 24, 2025 | The FCC postponed the effective date in Order DA 25-90. |
January 24, 2025 | The U.S. Court of Appeals for the Eleventh Circuit vacated the rule in Insurance Marketing Coalition Ltd. v. FCC. The court held that the FCC went beyond its authority under the TCPA. |
April 30, 2025 | The court issued its mandate, which made the vacatur final as of that date. |
July 14, 2025 | The FCC adopted Order DA 25-621, removing the rule and restoring the earlier definition. |
August 29, 2025 | That order was published in the Federal Register and took effect. |
As of November 2, 2026, the definition of prior express written consent in 47 CFR 64.1200(f)(9) is the pre-2023 version. It does not include the one-seller or "logically and topically related" requirements.
What consent rules still apply?
The TCPA itself still applies. Under the current FCC rule, prior express written consent for autodialed or prerecorded marketing calls is a signed written agreement (electronic signatures can count) that:
Names the number: Shows the phone number the consumer agrees to be called at.
Authorizes the seller: Clearly allows the seller to make those calls.
Discloses the terms: Clearly tells the consumer they are agreeing to these calls and that they do not have to agree in order to buy anything.
Other rules can also apply, such as state telemarketing laws, Do Not Call rules, calling-hour limits, and buyer contract terms. Some buyers still ask for seller-specific consent as a business practice.
Separately, the FCC adopted new rules on how consumers can revoke consent (FCC 26-67). They take effect November 25, 2026. See the Federal Register notice.
What does this mean for lead sellers and lead buyers?
Lead sellers: The federal rule does not require one consent per seller. You still need consent that meets the current rule and your buyers' terms, and you need records that prove it.
Lead buyers: You are responsible for the calls and texts you make. Ask sellers how consent was captured, which sellers were named, and how you can get proof for each lead.
Both: Keep the consent text, time, IP address, and any certificate with the lead, so you can show what the consumer agreed to.
How does LeadExec help capture and store consent?
LeadExec includes TCPA consent certification for lead sellers that capture leads on their own landing pages.
Turn on TCPA: Go to Settings > TCPA Options and enable the TCPA information screens. See Settings - TCPA Options.
Set up the lead type and campaign: Configure the lead type, then set the campaign's Compliance Options, including the TCPA Form Consent Text shown to the consumer. You can also turn on TCPA Mobile Check and Locate IP. See Campaigns - TCPA Certification Step 1.
Capture consent on the form: Add the LeadExec form script to your landing page. It captures the name, phone number, IP address, consent, and the consent text. See Campaigns - TCPA Certification Step 2.
Map the fields: Map consent data to lead fields so it stays with the lead. See Campaigns - TCPA Certification Step 3.
Review and print proof: The Lead List shows a TCPA Compliant column. In Lead Details, open TCPA and click Print Certificate.
Use third-party certificates if you prefer: LeadExec integrates with ActiveProspect TrustedForm to check and retain certificates. See How to Configure the ActiveProspect TrustedForm Integration.
For the full workflow, see Lead Compliance & Consent Management in LeadExec.
How does LeadExec pass seller-specific consent to buyers?
LeadExec built an Offers feature for seller-by-seller consent. It is still available if you or your buyers want consent for each named seller.
Turn on offers for the campaign: In the campaign's Compliance tab, enable return client offers.
Set up each buyer's offer: In the buyer's delivery account, open the Offer tab. Use a static offer for buyers who contact the lead themselves, or a dynamic offer for buyers who resell leads. Each offer can include the company name, description, privacy URL, terms URL, and TCPA Consent Text.
Show offers to the consumer: With the V2 lead receiver, the ping response returns an offers list, so your form can show each buyer and its consent text.
Send the consumer's choice: The post includes an offer block that shows which offer was selected and whether TCPA consent was accepted.
Dynamic offers need an outbound ping-post setup and a custom script from ClickPoint. See LeadExec Offers Overview: 1-to-1 Compliance.
How does SalesExec help lead buyers?
SalesExec is where buyers' agents call and text leads. It helps you keep consent data with the lead and respect contact limits.
Keep consent fields on the lead: Add lead fields for consent data, such as consent text, consent date, IP address, or certificate URL, under More > Settings > Lead Fields. Map them in your posting setup or in LeadExec's SalesExec Integration Field Mappings.
Honor Do Not Contact flags: Use More > Settings > Do Not Contact List. Leads flagged Do Not Phone are not distributed through Pull or called from SalesExec. See How SalesExec Checks Do Not Contact (DNC) Compliance for Calls, SMS, and Email.
Track text opt-ins and opt-outs: SalesExec tracks Text SMS Opt-In status (Not Sent, Sent, Accepted, or Rejected). In RingResponse Configuration, Enable Filter Opt-Outs filters opt-out replies. See Compliance - SMS Text Opt-In and Opt-Out.
Limit calling hours: Set state calling hours and holiday calling restrictions in your distribution strategies. See State Calling Hours.
Frequently Asked Questions
Is the TCPA one-to-one consent rule in effect?
No. The Eleventh Circuit vacated it on January 24, 2025, and the FCC removed it from its rules effective August 29, 2025. It never took effect.
Do I still need prior express written consent?
Yes, for marketing calls made with an autodialer or a prerecorded or artificial voice, under the current FCC rule. Ask your lawyer how this applies to your calls and texts.
Should I still use LeadExec Offers?
That is a business and legal choice. Offers let you capture consent for each named buyer, which some buyers ask for. They are not required by the current federal rule.
Can SalesExec store a TrustedForm certificate?
SalesExec can store a certificate URL or ID in a lead field that you create and map. TrustedForm certificate checks are set up in LeadExec.
Where can I read the official FCC documents?
See FCC Order DA 25-621, which removed the rule, and the current rule text at 47 CFR 64.1200.