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Implied vs. 1-to-1 Consent: Understanding the Key Differences in Marketing

Introduction:

The FCC’s 1-to-1 consent rule marks a shift from the old standard of implied consent, where companies could contact consumers based on loosely defined permissions. Now, marketing efforts require specific, written, and channel-based consent.

This blog will explain the core differences between implied consent and 1-to-1 consent, so you can fully understand the requirements for compliance.

Key Differences Between Implied and 1-to-1 Consent

  1. Definition:
    Implied consent could be inferred from an action (e.g., filling out a form), whereas 1-to-1 consent must be explicitly stated, documented, and requested for each communication type.
  2. Compliance Requirements:
    The FCC now mandates that consumers must actively opt-in for each specific channel, with clear and separate permissions for email, phone, or SMS.
  3. Consumer Control:
    1-to-1 consent gives consumers greater control over their data, allowing them to decide precisely who can contact them and through which channels.

Conclusion: Moving Beyond Implied Consent

The shift to 1-to-1 consent prioritizes transparency and consumer choice. By understanding these differences, businesses can adapt their marketing strategies to ensure full compliance and improved customer satisfaction.