The FCC's latest move, outlined in a Second Report and Order on November 22, 2023, signals a significant shift in rules governing the Telephone Consumer Protection Act (TCPA). Proposed rules set for consideration on December 13, 2023, could reshape how businesses engage with consumers. The key change is a requirement for businesses to secure prior express written consent from a consumer for calls and texts made using automated systems, limiting consent to "a single seller at a time." This targets the prevalent "Lead Generator Loophole," impacting lead generation and comparison shopping websites. Additionally, the proposed rules extend Do-Not-Call provisions to text messages, mandate prior express invitation for calls and texts to numbers on the DNC Registry, introduce a "block-upon-notice" requirement for certain providers, and encourage email-to-text opt-in services to combat fraudulent messages. These proposed changes aim to enhance consumer protection but pose challenges for businesses and consumers alike.
