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A New Era in Lead Generation: The FCC’s Proposed Rule and Its Impact on Businesses
On November 22, 2023, the Federal Communications Commission (FCC) unveiled a proposed rule that is poised to revolutionize the landscape of lead generation and digital marketing for businesses. This groundbreaking rule, if enacted, will usher in a new era of consumer protection and redefine the way businesses acquire leads.

The Lead Generator Loophole and the FCC’s Response

Historically, lead generation has been a cornerstone of business growth, enabling companies to connect with potential customers through online platforms. However, this practice has also been exploited by unscrupulous actors, leading to a surge in unwanted robocalls and robotexts.

Recognizing this issue, the FCC proposed a rule that aims to close the “lead generator loophole,” a practice that allowed lead generation websites to share consumer information with multiple businesses without obtaining explicit consent for each.

Key Provisions of the Proposed Rule

The proposed rule introduces several key provisions that will significantly impact lead generation practices:

  1. One-to-One Consent: Consumers will be required to provide explicit consent to each seller they wish to receive communications from. This means that lead generation websites can no longer share consumer information with multiple businesses without obtaining separate consent for each.
  2. Logical and Topical Relevance: Consumer consent must be “logically and topically related” to the website on which it is given. For instance, a consumer providing consent on a car loan comparison website cannot be deemed to have consented to receiving calls about insurance products.
  3. Redefinition of Express Written Consent: The rule reaffirms the TCPA’s definition of “express written consent,” emphasizing the need for clear and conspicuous disclosures that explicitly state the consumer’s agreement to receive communications.

Implications and Challenges for Businesses

The proposed rule’s implications for businesses are far-reaching:

  1. Shift in Lead Generation Dynamics: The rule will necessitate a fundamental shift in lead generation strategies, requiring businesses to focus on obtaining direct consent from consumers rather than relying on third-party lead generators.
  2. Reduced Lead Volume: The one-to-one consent requirement is likely to result in a reduction in the overall volume of leads generated, as consumers will be more selective about the businesses they engage with.
  3. Increased Compliance Costs: Businesses will need to invest in new systems and processes to ensure compliance with the new consent requirements.
  4. Potential Impact on Small Businesses: Small businesses that rely heavily on lead generation may face significant challenges in adapting to the new rules.

Timeframe for Compliance

The FCC is expected to vote on the proposed rule on December 13, 2023. If enacted, businesses will have six months to comply with the new regulations. The exact deadline is yet to be determined but is likely to be in late summer 2024.


The FCC’s proposed rule marks a significant turning point in the world of lead generation. While the rule may pose challenges for businesses, it also represents an opportunity to establish more ethical and consumer-centric lead generation practices. Businesses that embrace the new requirements and adapt their strategies will be well-positioned to thrive in the evolving digital landscape.