How Law Firms Should Prepare for the TCPA One-to-One Consent Rule

There is a seismic paradigm shift approaching the legal industry in response to the upcoming Telephone Consumer Protection Act (TCPA) One-to-One Consent rule, which will take effect on January 27th, 2025. Once ratified, this change will ensure that consumers provide express written consent to each advertiser who will contact them, thus protecting against a barrage of unwanted and intrusive communications. Gone are the days when consent or permission could be given through third parties or a blanket opt-in through a list of approved advertisers. So, whether you’re a single law firm or part of a legal network, this rule will affect you.

What Is the TCPA One-to-One Consent Rule?

First, let’s define the One-to-One Consent rule for the uninitiated.

The TCPA One-to-One Consent rule mandates that prior express written consent must be obtained separately for each business seeking to utilize that consent for telemarketing. This regulation aims to expand the TCPA’s existing framework, which protects consumers from unsolicited communications.

Before this change, blanket consent forms were permissible, allowing multiple businesses to contact a consumer based on a single agreement. Starting on January 27th, 2025, this will no longer suffice. Online marketers, including law firms, will have to adapt aggressively to remain compliant and operational. Businesses that violate this TCPA rule are subject to steep fines ranging from $500 to $1,500 per individual violation.

The Legal Industry’s Unique Challenges

Law firms and legal marketing agencies rely heavily on telemarketing and client outreach to attract potential clients. If you are a law firm, chances are that you have a website that collects contact information from consumers with the intention of communicating with them. Depending on how sophisticated your marketing strategy is, automated and regulated technology is probably being used to streamline your communication with potential clients. Thus, this TCPA rule applies to your firm.

The TCPA’s impending One-to-One Consent rule introduces new compliance challenges, including:

• Increased Documentation Requirements: Online marketers must now maintain precise records for each client’s consent. Failing to keep accurate historical records of express consent will pose a liability risk if a consumer raises a complaint against your firm for non-compliance.
• Technology Upgrades: Many legal marketers are investing in advanced customer relationship management (CRM) systems to track and manage compliance efficiently.
• Higher Costs: Obtaining and managing individualized consents may lead to increased administrative and operational expenses. However, increased overhead would certainly be preferable to a TCPA violation.

While these regulations may pose an immediate challenge for law firms to overcome, it is imperative that lawyers address them head-on, or risk compromising their firm.

TCPA One-to-One Consent Rule Compliance Strategies for Legal Firms

We’ve compiled a short list of compliance strategies that may help attorneys prepare for this upcoming regulatory change:

1. Revamping Consent Processes: Legal firms are redesigning their consent mechanisms to comply with the One-to-One Consent rule. This includes creating clear, concise forms that specify the exact purpose of the consent and the company’s identity. Firms are also implementing digital signature tools to simplify the process for clients.
2. Leveraging Technology: Advanced CRM systems and consent management platforms are becoming essential tools. These technologies allow firms to track consent as it is acquired from an individual and store detailed records in case of audits, mitigating the possibility of a TCPA violation. Popular platforms like ActiveProspect’s TrustedForm are integrating features designed to address TCPA compliance specifically.
3. Training Staff: Compliance extends beyond technology. Legal teams are training their staff to understand TCPA regulations thoroughly. This includes proper communication etiquette and ensuring that every interaction aligns with the new rule.

For more information on Legal Brand Marketing’s tips on running an effective and compliant intake process, click here to read more.

Consequences for Non-Compliance

Non-compliance with the TCPA One-to-One Consent rule carries severe penalties. Businesses may face fines of up to $500 per violation, with intentional breaches incurring penalties as high as $1,500 per violation. For law firms, reputational damage could be even more costly.

The costs of upgrading your firm’s CRM system, training staff on strict compliance, and keeping consent records for each individual client may be high, but incurring several TCPA violations could be fatal for your business.

Preparing for January 27th, 2025

The TCPA One-to-One Consent rule represents a significant evolution in consumer protection and marketing compliance. For the legal industry, the path forward lies in proactive preparation and adaptation. By leveraging technology, refining processes, and adhering strictly to the new regulations, law firms can not only avoid penalties but also foster trust with their clients.

For more information on how your firm can stay compliant, visit LegalBrandMarketing.com.