What Are the New FCC Lead Generation Rules?

If you're a business using lead forms, buying leads, or running SMS campaigns, this ruling directly affects you.

What is the FCC and Why Should Marketers Care?

The FCC, or Federal Communications Commission, is the U.S. government agency responsible for regulating communications via radio, TV, wire, satellite, and cable. Over the years, it's also become a watchdog for digital marketing practices, especially where consumer protection is concerned.

Its most recent move? A new FCC ruling on lead generation that closes a long-abused loophole and redefines how businesses can collect and use consumer consent.

A Quick Overview of the New FCC Lead Generation Ruling

Effective December 13, 2023, the new FCC lead generation ruling targets what's known as the "lead generator loophole." Before, a single form submission could lead to outreach from dozens of unknown brands - all thanks to vague consent language buried in the fine print.

Now, the FCC one-to-one consent rule makes it clear:

Only the specific business (or “seller”) named in the consent can contact the consumer using automated calls or texts.

Key Changes You Need to Know:

• Explicit one-to-one consent is now required for each brand.
• Consent must be tied directly to a specific interaction.
• Text messages now fall under Do Not Call (DNC) protections.
• Each brand must maintain their own consent records—no more relying solely on third-party aggregators.

Legal Challenges and Current Status

It’s important to note that the rule faced legal challenges. On January 24, 2025, the U.S. Court of Appeals for the Eleventh Circuit vacated the FCC's one-to-one consent rule. 

As a result of the court's decision, the FCC's attempt to close the lead generator loophole through the one-to-one consent requirement has been nullified. Businesses are no longer obligated to obtain separate consent for each seller under this specific rule. However, existing  TCPA Consent Requirements for Lead Forms still apply, and businesses must ensure they have "prior express written consent" before making telemarketing calls or sending texts using automated systems.

However, while the one-to-one consent rule has been vacated, the FCC may consider alternative measures in the future to address the same concern so businesses should stay on the safe side by following this consent requirement and stay informed about any new developments.

What This Means for Your Lead Generation Strategy

If you're running lead generation forms, buying leads, or working with affiliates, the implications are big.

1. You Can No Longer Use Generic Opt-In Language

Phrases like:

“By submitting, you consent to receive messages from Company A, B, C, D and their partners...”

This is no longer compliant.

Instead, you must now list each business individually and receive explicit consumer opt-in per brand. That’s the essence of the FCC one-to-one consent rule.

Learn how to build compliant forms with our Lead Generation Form Examples for Various Industries.

2. Lead Buyers Are Now Responsible for Storing Consent

Gone are the days of saying, “The lead gen partner has the proof.”

Under the new rule, you - as the brand or lead buyer - must store and be able to produce the consumer’s consent documentation.

That means verifying every lead is now critical. Here’s a quick guide on How to Verify Leads.

3. Your Forms Must Be TCPA Compliant

The FCC’s ruling is closely tied to TCPA compliance (Telephone Consumer Protection Act). If you’re contacting leads via call or text, your lead forms must meet TCPA consent requirements. Use this TCPA Compliance Checklist to ensure your opt-ins are airtight.

Also, make sure your TCPA compliance text messages respect consent boundaries. Check our full TCPA SMS Marketing Guide.

Who This Impacts the MostAffiliate marketers and pay-per-lead providers

This ruling will have a ripple effect across:

• Affiliate marketers and pay-per-lead providers
• Agencies offering third-party lead generation
• Small businesses buying or importing lists
• CRM and marketing automation platforms using imported leads

If you fall into any of these categories, it’s time to rethink your strategy.

Proactive Tips to Stay Ahead

Here’s how to turn the FCC’s ruling from a threat into an opportunity:

• Own your lead gen channels. Drive traffic to your own website where you control consent.
• Make your forms transparent. Clear opt-ins build trust and protect you legally.
• Use software that supports compliance. Lead gen tools like MakeForms that verify leads, store consent, and allow customizable opt-in language are now a must.

Want help choosing one? Here's a guide to the Best Lead Generation Tools in 2025.

How MakeForms Helps You Stay FCC + TCPA Compliant

If you’re rethinking your lead gen strategy after this ruling, MakeForms is already one step ahead.

• One-to-One Consent Built In: Design forms that capture explicit consent for each business, with easy-to-edit opt-in language.
• Consent Record Storage: Automatically store time-stamped consent logs to meet FCC and TCPA documentation requirements.
• OTP-Based Lead Verification: Stop chasing ghost leads. Use OTP verification to verify real users in real time.
• Compliant Templates & Guidance: Use our ready-to-go Lead Generation Form templates with built-in compliance features and clear opt-in language.
• Integrated TCPA Support: From TCPA-compliant SMS messaging to consent checklists, MakeForms helps you stay covered at every stage.

Build Trust, Not Just Traffic

At the heart of the FCC lead generation ruling is a simple but powerful shift: from quantity to quality, and from vague permission to verified trust. The days of vague blanket consent and lead reselling are over.

The future belongs to brands that lead with clarity, consent, and compliance. Get started with MakeForms today.