The clock is ticking down on the FCC’s new 1-to-1 Consent Rule, with less than 90 days left until it takes effect.
This regulation requires affiliates to have explicit, individual consent from users for any direct communications, aiming to protect consumers from unsolicited messages. Here’s what this change means and how affiliate managers can prepare.
What’s happening with the 1-to-1 Consent Rule?
The 1-to-1 Consent Rule mandates that companies obtain clear, specific consent from consumers before sending direct communications such as text messages, emails, or calls. This change is aimed at curbing unsolicited contacts and promoting transparency in how companies interact with leads. Any violations could lead to serious penalties, so adhering to this regulation will be essential for affiliate programs relying on direct outreach.
Why this rule matters for affiliate managers
For affiliate managers, the 1-to-1 Consent Rule introduces a new layer of accountability. Managers must ensure their affiliate networks and lead-generation processes comply with this requirement to avoid regulatory issues. For businesses using lead gen affiliates, this will mean verifying that the consent collected aligns with the FCC’s standards. Since non-compliance could impact not just the affiliate but the entire business, it’s vital to be proactive in managing compliance.
What it means for lead generation affiliates
If you’re working with lead gen affiliates, this rule directly affects your operations. Lead gen affiliates often collect data on behalf of brands, using forms and opt-ins to gather consumer information. Moving forward, each lead’s consent must be explicit and verifiable, meaning affiliates must capture individual permissions that confirm each user’s willingness to receive direct communications.
Non-compliance could put affiliate-generated leads at risk, possibly leading to lost revenue if those leads can’t be used or if legal penalties are involved. Affiliates and managers will need to update their processes to ensure that data collection and consent are fully compliant with the rule.
Preparing for the FCC rule change: What to do
Affiliate managers can take several steps to prepare for the 1-to-1 Consent Rule and ensure compliance across their networks:
1. Update your terms and conditions
Review and adjust your terms and conditions to reflect the new consent requirements. Make sure they clearly state that all affiliates, especially those handling lead generation, must obtain and document user consent in line with the FCC’s standards. Providing affiliates with clear guidelines will ensure everyone is aligned on what’s required.
2.Open communication with your affiliates
Communication is key. Reach out to your affiliates, especially lead gen partners, to discuss the new rule and its implications. By clearly explaining what’s expected, you help avoid misunderstandings and potential compliance gaps. Consider offering training or resources to affiliates so they understand how to capture and verify individual consent effectively.
3.Work only with reputable lead gen operators
Now more than ever, it’s essential to work with affiliates and lead gen operators who prioritise compliance. When partnering with lead generation affiliates, vet them thoroughly to ensure they have strong data-collection processes and a clear track record of adhering to consent rules. Quality over quantity is the way forward, as one non-compliant partner could risk your entire program.
4.Monitor traffic and conversion sources
Keep an eye on where your traffic and conversions are coming from. Review your analytics regularly to identify any unusual patterns or spikes in leads that could indicate poor compliance. If any lead generation source raises red flags, address the issue immediately to prevent potential violations. Setting up monitoring processes now can save time and reduce risk once the rule takes effect.
5.Diversify your traffic sources
Relying on one type of traffic source, especially one reliant on direct communications, can be risky under the new rule. Consider diversifying your approach by working with a wider variety of affiliates who can bring in leads through content marketing, SEO, and social media.
Building a varied network of affiliates and traffic sources will make your program more resilient to future regulatory changes.
Preparing now for a smoother transition
With just 90 days remaining, there’s no time to waste. The FCC’s 1-to-1 Consent Rule brings a new standard to affiliate marketing, especially for those involved in lead generation.
By taking proactive steps—updating terms, communicating with affiliates, verifying partners, monitoring traffic, and diversifying sources—affiliate managers can help ensure a smooth transition and minimise compliance risks.
With a compliant and well-prepared affiliate network, you’ll be ready to adapt and thrive under the new regulations.
