FCC’s Updates on Lead Generation: What It Means and How to Prepare

Adopt smarter, data-driven strategies to connect with your audience across digital channels.

EDIT: The article has been edited based on the delay of the FCC’s One-to-One Consent Rule for one year by FCC order and the rule being struck down by the Eleventh Circuit Court of Appeals.

In December 2023, the Federal Communications Commission (FCC) announced updates to lead generation rules. These changes were set to close what was known as the “lead generator loophole” that allows robocalls and texts based on vague or bundled consent, marking a significant shift for marketers and lead generators relying on phone outreach.

The new rules would have demanded a fresh approach. Before this update, a single opt-in often permitted communication from multiple companies, leading to unsolicited calls and messages. If the FCC’s decision were to have gone into effect, that approach would be officially outdated.

So, what does this mean for you? If you’re in the business of leadgen, sales, or marketing, you’ll need to consider how you collect and use consumer information. The days of broad, catch-all consent may be coming to an end. While there is some reprieve thanks to the rule being struck down in court, this is not the last we have seen of these types of regulations.

What Was Going to Change?

At the heart of the FCC’s rules is the requirement for explicit, one-to-one consent from consumers for calls and texts. That means you’d need separate, specific permissions for each company that might contact a potential customer. For instance, opting into updates from a travel agency doesn’t automatically include consent to hear from an insurance provider.

Any call or text would need to be applicable to the topic the person agreed to when they gave their consent. No more taking liberties with customer data to send off-topic promotions — it’s all about being relevant, transparent, and respectful of consumer expectations.

The new rules also emphasized robust record-keeping, requiring businesses to log details of the consent, including its context and potentially the seller involved. This record-keeping would require adjustments to current workflows for many organizations.

Why It Matters

If phone marketing plays a big role in your strategy, this change had the potential to be daunting. While engagement rates for cold calls are already low — some studies suggest over 90% of consumers ignore or block marketing calls — these new regulations could have made phone centered campaigns even less viable.

On the other hand, this shift is an opportunity to explore, and reinvest in, digital channels that align better with how people interact today. Email marketing, social media campaigns, programmatic advertising, and streaming platforms are increasingly effective, offering personalized engagement and measurable results. Email, for example, remains one of the most effective marketing tools, delivering consistent engagement and measurable ROI. Consider the following:

• Email Marketing: Industry benchmarks show email open rates hover around 20%, with click-through rates varying dependent on the industry. Email also allows for very strategic retargeting, segmentation, and effective nurturing which maximizes relevance and engagement.
• Social Media Ads: Platforms like Facebook, Instagram, and X may report click-through rates of 1-2%, with higher engagement for targeted or personalized campaigns, but the average user still sees those ads. This awareness, especially when coupled with other digital channels, is more effective than the numbers imply.
• Programmatic Advertising: Again, though click-through rates may average lower, these ads excel at boosting visibility, brand awareness, and overall ROI through precise targeting, broad reach retargeting, and consistent top of mind awareness.
• Streaming Services: Advertising on platforms like Hulu or Spotify delivers unique reach through contextual targeting as a nonintrusive way to connect with consumers where they’re actively engaged with content.

By shifting focus from phone outreach to more cost-effective, multi-channel digital strategies, businesses can engage their audiences in ways that feel consistent, relevant, and less disruptive. Not only are these channels more aligned with modern consumer behavior, but they also provide rich data for continuous optimization.

How AtData Can Support Your Transition

If you’re reliant on phone or text, navigating these kinds of changes in the future may have you frustrated, but data-driven solutions help simplify the process. AtData provides solutions to optimize your digital efforts to ensure your marketing and lead generation efforts don’t fall short:

• Enrich and Expand Your Audience Reach
  Enrich customer profiles with verified email addresses and alternate contact details at the individual and household levels. This expands your reach across email, programmatic, and other digital channels to create consistent experiences.
• Enable Targeted and Anonymized Campaigns
  Strong data allows you to build better custom or lookalike audiences for a variety of digital campaigns and target them in privacy-compliant ways — for example, uploading customer lists to social media and creating lookalike audiences will rapidly expand reach, deliver highly relevant messages, and greatly improve ROI.
• Ensure Your Data is Clean and Reliable
  Accurate data is the key to segmentation, personalization, and attribution. AtData helps you validate and clean your contact lists, reducing wasted spend, improving deliverability, and mitigating risks.
• Unlock Invaluable Insights
  Strengthen campaigns at the flip of a switch with ready-to-go insights on as little as an email address. Better determine quality for prioritization, add demographic and behavioral data, and identify those consumers more likely to engage. Switching from phone outreach to digital made even easier.

Shaping Your Strategy for the Future

These changes mean moving away from outdated practices like just broad phone outreach and embracing strategies that align with modern consumer expectations. To prepare:

• Reevaluate Consent Practices
  Ensure your opt-ins are clear, specific, and tied directly to the communications your customers can expect. Transparency builds trust and sets the foundation for compliance.
• Prioritize Digital Channels
  Diversify and embolden your strategy with email marketing, social media outreach, search engine marketing, and programmatic campaigns. These channels not only align with consumer preferences but also offer measurable impact.
• Invest in Data Enrichment
  Append missing email addresses, identify alternate contact points, and leverage leading data to expand your reach across new platforms, including streaming services and digital ad networks.

Embracing the Shift

The FCC’s ruling underscores the growing emphasis on consumer control and privacy. While it may not be taking effect yet, it is only a matter of time. Businesses that respect these values will be better positioned to build long-term trust and deliver meaningful experiences.

With AtData, you can navigate transitions confidently. From email validation to enriched audience insights, we’ll help you create smarter campaigns to comply and connect with your customers.

Ready to adapt and thrive in this new landscape?
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