What's going on with the FCC's lead generation rules in 2025?

Your best-performing lead generation strategies might soon become a liability. The FCC’s new rules are reshaping the marketing landscape, and failing to adapt could mean hefty fines, damaged reputations, and frustrated clients. For lead generators, the stakes have never been higher: how can you deliver results while staying in compliance? In this article, the Stalirov&Co team will unpack the latest FCC changes and show how to protect lead generators and their clients. Whether you’re an agency or publisher, this information will help you navigate and adjust to the changing regulatory environment.

What’s changing in the FCC ruling on lead generation?

The new regulations implemented by the FCC were set to go into effect on January 27, 2025, reshaping how businesses obtain and use consumer consent for marketing purposes. On January 24, 2025, the FCC announced that it is delaying the start of the one-to-one consent rule. The new rule, which was supposed to take effect soon, will now be pushed back for a year, until January 26, 2026. However, if the court reviewing a challenge from the Insurance Marketing Coalition (IMC) makes a decision sooner, the rule could go into effect earlier. 

For now, we can breathe easy, but this just gives us more time to get ready. So, let's get to work on understanding the new rules that could go into effect at any moment.

These updates target a significant gap in the existing framework, which has permitted companies to flood consumers with calls and texts from numerous marketing partners—all under the guise of a single consent.

Here’s what lead generators need to know about new FCC rules:

1. One-to-One сonsent

• Businesses must get explicit, individual consent from the consumer for each product or service before contacting them. This means that consent must directly connect the consumer to the company offering the product or service.
• Companies can no longer rely on broad, generic consent forms from mass marketing campaigns.
• Consumers must choose which companies they want to hear from. For example, a comparison shopping website must let consumers select specific businesses (e.g., Company A for home services, Company B for furniture).
• Each business must obtain and keep proper consent from consumers if they plan to use robocalls or robotexts technology for marketing or sales outreach.

2. Rules for comparison shopping websites

• Comparison websites can still collect leads but must follow these guidelines:
  • Separate consent for each seller. If the website lists multiple sellers, consumers must agree to each one individually, which means separate checkboxes for Brand A, Brand B, etc.
  • Alternative methods. Websites can also provide links to businesses so consumers can give their consent directly.
  • Transparency. Consumers must know they are interacting with a lead generator and understand that their data will be shared with the specific companies they select.

3. Consent must match consumer interests

• Consent only applies to services related to what the consumer showed interest in. For example, if a consumer signs up for mortgage quotes, they cannot be contacted about unrelated products like car loans or insurance.

4. No Selling of consumer data

• Businesses are no longer allowed to share or sell consumer information to other companies. Consent must stay tied to the specific company that received it.

5. E-signature requirements

• The consent must be documented in writing. If a business uses e-signatures to capture consent, they must follow federal laws under the E-Sign Act.

6. Proof of consent is mandatory

• The business must prove they have valid consumer consent.
• Lead generators or comparison websites cannot hold the proof. The responsibility is entirely on the business contacting the consumer.

The FCC is introducing new rules to tackle unwanted marketing calls and texts. Here's what they plan to do:

1. Blocking suspicious texts. Mobile providers will be required to block text messages from certain numbers flagged by the FCC—unless the provider investigates and confirms the texts are legal.
2. Do-Not-Call registry for texts. The National Do-Not-Call (DNC) Registry protections will now apply to text messages, making it illegal to send marketing texts to phone numbers on the registry.
3. Opt-In for email-to-text. Telecom companies will be encouraged to make email-to-text services optional, meaning consumers must actively opt-in to receive such messages.
4. Closing the lead generator loophole. Lead generators, texters, and callers will no longer be allowed to use a single consumer consent to flood consumers with marketing calls and texts after they visit comparison shopping websites.

These changes are aimed at reducing spam and giving consumers more control over the messages they receive.

What must advertisers and publishers do to be compliant?

Let’s define some lead generation terms to describe the roles in this sphere and to confirm that we are on the same page.

• Lead - a potential customer who has expressed interest in products or services
• Businesses  - the companies or individuals who offer services or products to sell.
• Advertisers - lead buyers work with businesses to find new clients by buying leads and connecting them to businesses.
• Publishers - lead sellers generate leads (user information) and sell them to advertisers, who pass these leads onto businesses.

Previously, before the legislation changes, the process was as follows:

1. The publisher contacts users to request their consent to receive advertising content.
2. The user gives consent but is unaware of who will contact them or what type of advertising they will receive.
3. User`s data and consent are provided to Advertiser by Publisher
4. Advertisers give lead data to multiple unrelated Businesses and the User is contacted by them.

Now the process must follow this flow:

1. Businesses must obtain user consent directly. Publishers and advertisers are not allowed to collect user consent on behalf of a business.

The user consent must meet the following criteria:

• It should be direct, provided by the user to a specific business (one-to-one).
• It should be logically and topically connected to the context in which it is given, matching the user's interests.

This creates a significant challenge for the industry to adapt and find ways to operate effectively under these rules.

Publishers can only generate leads by:

• Clearly informing users that they are acting on behalf of a specific business.
• Asking users for consent to be contacted by that business, but only for topics relevant to the user’s interests.

Importantly, obtaining and retaining this consent is the responsibility of the business. Each business must ensure they have valid consent from every consumer they intend to contact.

A major challenge for businesses and lead buyers is the requirement to keep thorough records of each consumer's consent. To stay compliant, businesses must adopt new systems to track and store this information effectively. Relying solely on lead sellers for this data is no longer enough—lead buyers must now take a proactive approach to verify that every purchased lead has been properly authorized. Our advice for Advertisers (lead buyers) and Businesses is to proactively cooperate with lead sellers (Publishers) to make sure their processes of lead generation are compliant with new requirements and rules. 

Publishers will need to overhaul their lead generation strategies, shifting toward more transparent data collection practices. Consumers must be presented with clear consent options, enabling them to specify exactly which businesses they agree to be contacted by. For many publishers, this will mean redesigning web forms, revising marketing funnels, and updating data-sharing agreements.

Moreover, Publishers are now responsible for ensuring that all collected consent is properly documented. This requires maintaining detailed records of each consumer’s consent and producing this documentation, if needed. In this evolving regulatory landscape, prioritizing transparency and accountability will be essential for avoiding legal risks and fostering consumer trust.

Can the lead generation industry survive?

The FCC isn’t shutting down lead generation entirely, but it is clamping down with stricter rules.

What does this mean for lead generators?

1. Compliance is non-negotiable

• The industry must follow the Federal Trade Commission Act, the Telephone Consumer Protection Act, the Federal Communications Act, the CAN-SPAM Act regulations, and violations can cost up to $1,500 per call, plus legal fees and reputational damage. TCPA lawsuits are on the rise, costing businesses millions.

2. Self-regulation is key

• To avoid stricter government-mandated rules, the industry should implement self-regulation and better practices.

3. Review processes now

• Consent forms must clearly identify the specific business (e.g., “Company A, B, C”) that will contact the user. You need to redesign web forms, revise marketing funnels, and update data-sharing agreements.
• Existing data on shared consent can still be used for email outreach to obtain direct consent.

4. Prepare for increased enforcement

• Litigation and regulatory scrutiny are expected to increase, making compliance even more critical.

What’s next for the industry?

The future of lead generation remains uncertain, with many unanswered questions and gray areas. However, it’s clear that:

• Businesses and publishers must reassess how they obtain consent from users who agree to be contacted.
• Collaboration between lead generators and businesses will be crucial to balance compliance.
• The industry will need to adapt its strategies, methods, and roadmaps to align with the FCC's new rules.

The era of widespread, indiscriminate data sharing has come to an end. However, this shift toward higher-quality leads and more targeted, personalized marketing could lead to stronger results over time. By acting now, lead generators can protect themselves, ensure compliance, and continue to thrive in this evolving landscape.