TCPA 1:1 Consent rule vacated, but smarter targeting with Faraday is already here

If you're in marketing or sales, you've probably already heard of the Telephone Consumer Protection Act (TCPA), which regulates how businesses can communicate with consumers through telemarketing calls and texts. You also probably knew that in 2023, they introduced a new 1:1 Consent rule, which aimed to close the lead generator loophole, tightening consent requirements and limiting how consumer phone numbers are distributed. This would have required businesses to solicit individual consent from each consumer they planned to contact by phone.

So, what happened to the rule?

Although originally scheduled to take effect today (January 27, 2025), at the last minute, a postponement was announced, pushing the effective date to January 2026. However, just hours after this delay, the Eleventh Circuit Court vacated the rule entirely, eliminating its implementation altogether. So for now, the existing TCPA consent requirements remain unchanged.

With the TCPA 1:1 Consent rule:

For companies that rely on purchasing large lists of leads to grow, this rule would have required a significant shift in strategy. By curbing the "spray and pray" approach of casting a wide net with unqualified prospects, businesses would need to pivot toward precision targeting and engagement with smaller, more qualified audiences. While this might initially seem like a challenge, it offers a tremendous opportunity to refine marketing campaigns and focus resources on higher-value prospects.

The benefits of this shift would be multifold. Businesses would see an increase in ROI from more intentional and personalized campaigns, as every interaction would be designed to resonate with the recipient. Consumer trust would also improve, as individuals would have a clearer understanding of who is contacting them and why. The era of vague, broad-based consent would give way to meaningful, 1:1 engagement that prioritizes quality over quantity.

This approach would not only reduce waste but also empower companies to connect with the right consumers at the right time. While these changes might seem daunting, they would pave the way for more effective, trust-driven marketing—a strategy that businesses could turn into a competitive advantage with the right tools and expertise.

Without the TCPA 1:1 Consent rule:

We’re back to the world of massive, unqualified lists. Without the additional compliance requirements, businesses can continue to cast a wide net in their telemarketing efforts. However, this approach risks higher opt-out rates, lower engagement, and potential reputational harm if messages are perceived as spam.

You don’t need to wait for the government to tell you try smarter targeting, here’s how Faraday can help today

Whether the 1:1 Consent rule returns or not, targeting remains a critical factor in marketing success. At Faraday, we prioritize quality over quantity, helping businesses focus on the most qualified prospects instead of chasing unqualified leads. With our predictive tools, companies can:

• Target the right consumers: Faraday can analyze market trends and customer data to identify the consumer segments most likely to show interest in engagement. This ensures companies can focus their efforts on earning explicit consent from likely-to-convert individuals.
• Use the right tools: With fewer leads available, focusing on the right prospects is more crucial than ever. For instance, instead of focusing on lead rejection, since the lowest common denominator of leads won’t be there already, use that budget instead on tools like lead routing to make sure the new leads make it to the ideal sales rep and adaptive discounting to pique their interest.
• Maximize value: After you win your best-fit customers, leverage the various predictive tools available through Faraday like churn scores and product recommendation to ensure that you maximize their lifetime value.

Regulatory changes may come and go, but Faraday’s data-driven approach ensures that businesses stay ahead, delivering effective and efficient marketing strategies no matter the landscape.

Need help navigating this change?

The world is full of unexpected outcomes, like the 1:1 Consent rule getting canceled hours before it went into effect! At Faraday, we’re ready to help you adjust your strategy to target the highest-quality leads and stay ahead of industry trends regardless of how regulations change. Reach out today to ensure your lead generation stays ahead of the curve!