The Importance of Consent in the 2025 TCPA Regulations – Best Practices for Compliance

TCPA
December 3, 2024

Consent has always been a cornerstone of responsible marketing, but with the 2025 TCPA updates, it will take center stage. Businesses that fail to secure clear, unambiguous consent will face hefty penalties, and consumers will gain even more control over how they are contacted.

What’s Changing with Consent in 2025?

Under the 2025 TCPA regulations, prior express written consent must be obtained before any telemarketing call or text is made to a consumer. This consent must explicitly state:

  • Who is contacting the consumer?
  • How will the consumer be contacted (e.g., calls, texts, emails)?
  • What is the purpose of the contact?

Additionally, companies must provide consumers with opt-in mechanisms that are clear and straightforward. The new regulations are focused on ensuring that consumers fully understand what they are agreeing to, thereby eliminating confusion and increasing accountability.

Best Practices for Obtaining Consent:

  1. Use Clear, Unambiguous Language:some text
    • Consent forms must clearly state the company name, the type of communication that will be used (calls, texts, etc.), and the reason for contacting the consumer.
    • Ambiguous or general consent (e.g., “You agree to receive marketing communications”) will no longer be sufficient.
  2. Maintain Accurate Records of Consent:some text
    • Companies will need to store consent records in a way that makes them easily accessible for audits. This includes timestamps, IP addresses, and the specific language consumers agreed to when providing consent.
  3. Provide Easy Opt-Out Options:some text
    • The 2025 TCPA updates also emphasize the need for simple and accessible opt-out mechanisms. Whether it's through a text message, phone call, or email, consumers should be able to revoke their consent easily at any time.
  4. Update Terms of Service and Privacy Policies:some text
    • Businesses must revise their privacy policies and terms of service to reflect the stricter consent requirements. These updates should be transparent and readily available to consumers.

Buyerlink’s Approach:

At Buyerlink, we’re committed to making the consent process as transparent and user-friendly as possible. We’ve revamped our lead generation processes to ensure that every piece of consumer information we collect is backed by explicit, verifiable consent. By aligning ourselves with these new regulations early on, we’re building a system that protects both consumers and our clients.