New FCC Ruling Closes Lead Generator Loophole

It’s official — the FCC’s latest ruling on December 13th will officially close the “lead generator loophole.” 

This move is part of the FCC’s ongoing efforts to improve consumer privacy and transparency. It also directly aligns with the FCC’s commitment to combating robo-spammers.

Some of the major changes included “red flagging” robo-texting numbers, creating a Do-Not-Call (DNC) list for texting, and encouraging an opt-in stance for delivering email-to-text messages.

So, what’s changed and how will this affect you? Here’s everything you need to know.

Fighting Back Against Robo Texting Sources

The first major change will allow the FCC to “red flag” specific numbers. Mobile carriers will need to block texts from any red-flagged number. 

Additionally, a new DNC list will be created specifically for texting. This ruling will make it illegal to send any marketing texts to numbers on the list.

Finally, providers will be encouraged to let users opt-in to email-to-text messages — a move that could heavily impact the effectiveness of this channel.

Shutting the Lead Generator Loophole

The ruling also saw the closure of the lead generator loophole — a tactic robocallers and texters used to bombard consumers with unwanted advertisements.

New changes will require comparison shopping websites and lead generators to obtain individual consumer consent one seller at a time. Previously, single consent was the only requirement.

Laying the Foundation for the Future

The FCC also opened the door to public commentary exploring additional steps that the agency may take against robotexts. 

They are also exploring creating a model that resembles STIR/SHAKEN specifically for text messaging.