Preparing for the FCC's New Consent Requirements:

If you’re a real estate agent who uses your website to generate leads and communicate with potential clients or purchases third party leads, you need to be aware of the new Federal Communications Commission (FCC) regulation that could impact how you reach out to prospects. Starting January 27, 2025, the FCC is implementing a new "one-to-one" consent rule that will change how consumer consent is handled when contacting leads.

To help you get ahead of these changes, we’ve outlined everything you need to know and the practical steps you can take to stay compliant while maintaining effective communication with your clients.

What is the FCC's New "One-to-One" Consent Rule?

The FCC's new rule aims to eliminate what's known as the "lead generator loophole." In the past, a consumer’s consent could be interpreted to allow contact from multiple businesses or service providers. Now, with the new one-to-one consent rule, each consumer must give explicit permission to be contacted by each specific business. This means you must ensure that individuals consent directly to your real estate agency, and not just a general “network” of companies.

Why Does This Matter for Real Estate Agents?

If you’re generating leads through your website, online advertising, or even third-party lead generation services, this rule has major implications for how you obtain and manage consumer permissions. Whether you’re buying leads or cultivating them organically, every contact must clearly agree to receive messages or calls from you specifically, with no ambiguity.

Without adhering to this updated standard, you could face compliance issues, including fines or restrictions on how you communicate with potential clients. Ensuring compliance not only keeps you out of legal trouble but also builds trust with your prospects by respecting their privacy and consent.

What Happens If You Don’t Comply?

Non-compliance with the FCC's new one-to-one consent rule can lead to serious consequences, including:

• Fines and Penalties: The FCC can impose significant fines on businesses that fail to adhere to the new consent requirements. These fines can add up quickly, especially if multiple violations are found.

• Legal Action: In addition to fines, non-compliance can open you up to potential lawsuits from consumers who feel their privacy rights have been violated. This could lead to costly legal battles and damage to your reputation.

• Restrictions on Communication: You may face restrictions on your ability to communicate with leads and clients, which can severely impact your business operations and limit your ability to generate new opportunities.

• Damage to Reputation: Failing to comply with consumer privacy regulations can harm your brand’s reputation. Consumers are increasingly concerned about data privacy, and any negative publicity regarding non-compliance can lead to a loss of trust and credibility.

To avoid these consequences, it is crucial to ensure your lead generation and communication practices are fully compliant with the new FCC regulations.

How to Update Your Website to Stay Compliant

Here are some actionable steps to make sure your website aligns with the new FCC consent requirements:

1. Collect Explicit Consent

To comply with the new regulations, you’ll need to update the forms on your website that collect lead information. Make sure these forms contain language that clearly states:

• Your business name (e.g., "By providing your information, you consent to being contacted by [Your Real Estate Agency]").

• The method of contact (calls, texts, or emails).

• An explicit checkbox for users to opt in to communications from your agency.

Avoid vague language that could imply consent to contact from a broad group of companies. Consumers need to be very clear about who will contact them.

Tools like Active Prospect’s Trusted Forms can help.

2. Keep Records of Consent

The FCC’s new rule makes record-keeping more critical than ever. You must be able to document when, where, and how a consumer provided their consent. This could include:

• Storing timestamped records of form submissions.

• Keeping a record of any verbal consent received, including the date and details.

Many CRM tools have features that help you store these records, which can protect you if there are ever questions about the legitimacy of your outreach.

3. Review and Update Existing Lead Forms

If your website has any existing forms that do not clearly collect individual consent, now is the time to update them. Specifically, look for any vague phrases that could be interpreted as allowing multiple businesses to contact a lead, and replace them with clear language indicating that only your agency will be in touch.

4. Provide an Opt-Out Option

While obtaining consent is critical, so is making it easy for leads to revoke that consent. Ensure all your emails, text messages, and other communications include clear instructions on how to opt out. Not only is this a compliance necessity, but it also demonstrates respect for your client’s preferences.

5. Verify Third-Party Leads

If you purchase leads, make sure your providers are aware of these new regulations and can guarantee that the consent provided is specific to your business. It’s also wise to require documentation of how consent was obtained, so you have this information in case of a compliance inquiry.

Website Compliance Options for Real Estate Agents

Depending on how your website is set up, the steps to ensure compliance may vary:

1. Websites Provided by Your Brokerage

If your website is provided by your brokerage, you’ll need to work closely with them to make sure the site is updated to comply with the new FCC rules. Most brokerages will handle the technical updates, but you should verify that consent language is specific to your business and that you have access to the necessary consent records. Make sure your brokerage understands the importance of these changes and has a plan in place to make the necessary updates.

2. Self-Managed Websites

If you manage your own website, you have full control over making the required updates. This means you can directly adjust your lead forms, privacy policies, and record-keeping systems to meet the FCC's new standards. It’s important to ensure that all updates are made before the January 27, 2025 deadline, as non-compliance could lead to fines and other issues. Take advantage of CRM tools that allow you to store consent records efficiently.

3. Websites Managed by Third-Party Providers

If you use a third-party provider not associated with your brokerage, you will need to reach out to them to ensure they are aware of the new FCC regulations and can implement the necessary changes. Confirm that your lead forms are updated for explicit consent and that records of these consents are being kept. It’s important to clearly communicate your needs to the provider, as ultimately, compliance is your responsibility.

Best Practices for Ensuring Compliance

• Educate Your Team: If you have a team of agents or administrative staff, make sure they are aware of the new consent requirements and understand the importance of documenting everything correctly.

• Update Your Privacy Policy: Include a section in your privacy policy about how you collect and use client information, and make it clear that you only contact individuals who provide explicit consent.

• Audit Your Processes: Perform a regular audit of how your team is collecting, documenting, and managing consent to make sure everything aligns with the new rules.

The Benefits of Staying Ahead of Compliance

Compliance might sound like a chore, but there are benefits beyond avoiding fines or penalties. Being transparent about how you handle client information helps build trust with your audience. In today’s environment, where data privacy is a major concern for consumers, demonstrating that you value and respect your clients’ consent can set you apart from competitors and foster long-term client loyalty.

Final Thoughts

The FCC's new one-to-one consent rule is reshaping how real estate agents should handle lead generation and client communication. By making these updates to your website and processes, you can stay compliant, build trust with your audience, and maintain effective communication with your leads.

Have questions about these changes or want more guidance on staying compliant? Reach out to us at re-nerds.com/contact, and let’s make sure your tech game is ahead of the curve.

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