New FCC's One-to-One Express Written Consent Rules (Break Down)

Situation Alert:

New One-to-One Express Written Consent Rules

Facts:

1. The new one-to-one consent rules go into effect on January 27, 2025.

2. All leads obtained / maintained in your CRM or Lead Management systems without

1. Specific one-to-one consent, or

2. Logically and topically association with your outbound interaction, or

3. Qualification as an Existing Business Relationship (EBR),

Are subject to the new rules. There is no grandfather clause for historical leads.

1. If you contact your leads in Item #2 above, after January 26, 2025

1. With an autodialer or ATDS, or

2. Use an artificial voice, or

3. Use a prerecorded voice,

  You will be in violation of the new rules.

Solution:

1. Keep your existing outbound campaigns flowing with your current leads, processes, and practices by utilizing Safe Select, a non-ATDS outbound human sequence selection dialer that is “bolted” on top of your existing contact center outbound telephony or with your existing SMS provider.  No need to change your outbound infrastructure.

2. Safe Select has advanced campaign management features that many existing dialers lack.  It is also capable of meeting the various state mini-TCPA requirements.

3. Safe Select does not require leads to obtain the new one-to-one express written consent to be compliant with the new rules.  It is not an autodialer or ATDS.

4. Safe Select is omni-channel capable.  You can design campaigns with your preferred channels such as voice, SMS and emails.  All channels are managed within a single SaaS software solution using your existing carriers.  It also has a natively integrated PCI Level 1 certification for taking credit card payments.

5. Safe Select is also fully compliant with Reg. F (FDCPA) for debt collection efforts.

Technical Analysis:

See the attached link for a detailed analysis of the new one-to-one consent requirements.