TCPA One-to-One Consent Rule: How Law Firms Can Stay Compliant

TCPA One-to-One Consent Rule: How Law Firms Can Stay Compliant

The Telephone Consumer Protection Act (TCPA) is a crucial piece of legislation that regulates how businesses, including law firms, can communicate with clients through phone calls, text messages, and faxes. For law firms that rely on text messaging to reach out to clients, the TCPA’s one-to-one consent rule is particularly significant. Law firms must ensure TCPA compliance when making telemarketing calls to potential clients to avoid hefty fines. In this article, we will explore the TCPA’s one-to-one consent rule in detail and offer practical advice to help law firms stay compliant while keeping their client communication effective and efficient.

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

The TCPA One-to-One Consent Rule is a regulatory guideline under the Telephone Consumer Protection Act (TCPA) that governs how businesses and organizations can contact individuals via phone calls and text messages. The rule ensures that businesses obtain proper consent before sending automated or pre-recorded communications to consumers.

The one-to-one consent rule generally requires businesses to secure prior express consent from recipients before sending marketing or informational messages through automated dialing systems (ATDS) or pre-recorded calls. The level of consent depends on the type of communication:

• Marketing & Promotional Calls/Text Messages – Requires prior express written consent from the recipient.
• Informational or Transactional Calls/Text Messages – Requires prior express consent, which can be verbal or implied.

Key Points of the Rule

1. Applies to Autodialed Calls and Texts

1. • A business using an automated telephone dialing system (ATDS) to send bulk messages must comply with the rule.
   • One-on-one, manually dialed calls may not require prior consent.

2. Distinguishing Between Marketing and Informational Messages

1. • Promotional messages (e.g., discounts, sales, offers) require written consent.
   • Informational messages (e.g., appointment reminders order updates) require prior express consent but not in writing.

3. Opt-Out Requirements

1. • Businesses must provide an easy way for recipients to opt out of future communications.
   • Failure to honor opt-out requests can lead to TCPA violations and penalties.

4. No Consent Needed for Non-Automated, Personal Calls

1. • If a business representative manually dials a customer without using an ATDS, the consent requirement may not apply.

Why Compliance Matters for Law Firms

The Telephone Consumer Protection Act (TCPA) is a federal law that regulates telemarketing calls, auto-dialed calls, prerecorded calls, text messages, and unsolicited faxes. One of its key provisions is the one-to-one consent rule, which requires businesses to obtain express written consent from consumers before contacting them. Non-compliance with this rule can lead to severe penalties, making it crucial for law firms to follow the regulations. The Federal Communications Commission (FCC) enforces the TCPA, and violations can result in fines of up to $1,500 per unauthorized message. These fines can add up quickly, especially if multiple clients receive unsolicited communications. Beyond financial penalties, non-compliance opens the door to lawsuits, including class-action claims that can cost firms millions in settlements.

Ignoring TCPA rules can also harm a firm’s reputation. Clients expect privacy and respect when it comes to their personal information. A violation can erode trust and lead to negative reviews, making attracting and retaining clients harder. However, it is important to note that even if a firm faces a TCPA violation, a successful defense in court can help mitigate the damage to its reputation. Nevertheless, the potential for reputational harm remains, making it crucial to adhere to TCPA regulations.

By adhering to TCPA regulations, law firms can:

• Avoid costly fines and legal action
• Build and maintain trust with clients
• Uphold ethical and professional marketing standards

Staying compliant is not just about avoiding lawsuits—it is about demonstrating integrity and ensuring long-term success. Law firms that prioritize TCPA compliance protect their clients, reputation, and bottom line, paving the way for a successful future.

How Law Firms Can Stay Compliant with the TCPA One-to-One Consent Rule

1. Obtain Prior Express Written Consent

Before sending any text messages or automated calls, law firms must get clear, documented consent from clients. Acceptable methods include:

• Electronic forms with a checkbox confirming consent
• Digital signatures through e-signature platforms
• Opt-in SMS messages, where clients explicitly reply “YES” to agree

2. Maintain a Clear Opt-Out Process

Clients must have an easy and immediate way to revoke consent. The law requires that opt-out mechanisms be:

• Simple (e.g., replying “STOP” to a text message)
• Immediate (processing requests without delay)
• Recorded (law firms must track and honor opt-outs)

3. Avoid Third-Party Lead Generators Without Verified Consent

When a law firm acquires leads or contacts potential clients through third-party services, it is imperative to ensure that these leads have provided explicit consent for contact. Failure to do so could result in liability under the TCPA.

4. Use Manual Dialing for Non-Consenting Contacts

The TCPA primarily targets automated calls and texts. If a law firm does not have proper consent but still needs to contact a client, manually dialing the number may be an alternative (though legal advice should be sought for specific scenarios).

5. Keep Detailed Compliance Records

If a TCPA complaint arises, having records of consent is critical. Law firms should store:

• Signed consent forms
• Timestamped opt-in agreements
• Opt-out logs
• Communication records

6. Train Staff on TCPA Compliance

Legal staff and marketing teams must understand TCPA rules and the importance of obtaining consent before sending messages. Regular training can prevent costly mistakes.

TCPA violations can result in significant penalties, including fines ranging from $500 to $1,500 per unauthorized message or call, potential lawsuits from clients seeking damages, and reputational harm that can erode trust in the firm.

TCPA One-to-One Consent Rule vs. Prior Express Consent

The TCPA One-to-One Consent Rule and Prior Express Consent are two legal standards under the Telephone Consumer Protection Act (TCPA) that law firms need to understand when contacting clients via phone calls, text messages, or automated systems. These rules dictate when and how attorneys and legal marketers can contact potential or existing clients without facing legal issues.

The One-to-One Consent Rule sets a high bar for marketing communications. If a law firm wants to send automated or prerecorded promotional messages—such as marketing texts, cold calls, or follow-ups—it must first obtain explicit, written consent from the recipient. This means the client must sign a written agreement that explicitly states they agree to receive these communications. The consent must be freely given, which is not a condition for receiving legal services. Law firms that use automated messaging platforms or robocalls for marketing must carefully document this consent to avoid TCPA violations.

On the other hand, Prior Express Consent is a lower threshold that applies to non-marketing messages. If a client provides their phone number voluntarily—such as during an intake process or when scheduling an appointment—that is generally considered enough consent for the firm to contact them for case-related updates, reminders, or administrative purposes. Unlike the One-to-One Consent Rule, this type of consent does not have to be in writing, making it much easier for law firms to stay compliant while keeping in touch with their clients.

The key difference between the two rules comes down to intent. Under the One-to-One Consent Rule, written consent is required if the message is promotional or marketing-related. If the message is purely informational—like a case update or an appointment reminder—then prior express consent is usually enough.

Failing to comply with TCPA regulations can lead to heavy fines and potential lawsuits for law firms. To avoid these risks, firms should separate their marketing and operational messaging, ensure they have proper consent documentation, and use written agreements for any promotional outreach. Understanding these rules helps law firms communicate effectively while staying legally protected.

Best Practices for Law Firms Using Text Messaging

Text messaging is a great way for law firms to stay connected with clients, offering quick and convenient communication. However, it is important to strike the right balance between efficiency, professionalism, security, and ethics. By following best practices, law firms can make the most of text messaging while staying compliant and maintaining client trust.

Obtain Client Consent

• Always get written consent before texting clients to comply with privacy laws.
• Include an opt-in/opt-out option in your client intake process.
• Clearly explain the types of messages they may receive.

Keep Messages Professional and Concise

• Avoid casual or informal language—maintain a professional tone.
• Keep texts short and concise, especially for appointment reminders and case updates.
• Avoid using abbreviations or emojis that could lead to misinterpretation.

Protect Client Confidentiality

• Never disclose sensitive case details via text.
• Use secure messaging apps or encryption if sharing any case-related information.
• Encourage clients to call or use a secure client portal for detailed legal discussions.

Follow Legal and Ethical Rules

• Check your state bar regulations on text messaging.
• Avoid unsolicited marketing texts, as they may violate ethics rules.
• Be cautious with attorney-client privilege and avoid discussing legal strategies over SMS.

Use Automated Texting for Routine Communications

• Set up automated appointment reminders and deadline notifications.
• Use text messaging software that integrates with your CRM or practice management system.
• Ensure that clients can respond or reach a live representative when needed.

Keep a Record of All Communications

• Log all text conversations in your client management system.
• If using a business texting service, enable automatic backups for compliance.
• Ensure texts are searchable and retrievable if needed for reference.

Avoid Discussing Sensitive Legal Advice

• Direct clients to call or email for legal guidance.
• Texts should be limited to non-substantive communications like reminders, confirmations, or document requests.

Be Mindful of Response Time

• Set precise business hours for responding to texts.
• Establish an auto-response for after-hours messages, directing clients to alternative contact methods.
• Avoid responding immediately to legal questions via text—schedule a call instead.

Ensure Compliance with Data Protection Laws

• Follow regulations such as HIPAA (for medical-related legal cases), GDPR (if applicable), and CCPA for data privacy.
• Use secure, business-grade messaging platforms rather than personal devices.

Use Texting Strategically for Client Engagement

• Send periodic check-ins to keep clients informed about case progress.
• Offer links to helpful resources, FAQs, or updates about legal services.
• Use texts for client satisfaction surveys and feedback requests.

By implementing these strategies, law firms can leverage text messaging while avoiding legal risks.

The Role of Technology in Ensuring TCPA Compliance for Law Firms

Given the complexity of these regulations, technology plays a vital role in ensuring that law firms remain compliant while effectively managing client communications.

1. Automated Call and Text Management Systems

Law firms must obtain explicit consent before calling or sending text messages to potential clients. Advanced customer relationship management (CRM) systems with built-in TCPA compliance features help firms:

• Maintain consent records and track client preferences.
• Use opt-in and opt-out mechanisms to ensure clients can control their communication preferences.
• To avoid violations, filter contact lists against Do Not Call (DNC) registries.

2. Call Tracking and Recording Software

Technology solutions like RunSensible that track, monitor, and record calls can provide law firms with verifiable proof of compliance in case of disputes. Features like:

• Time-stamped records of all communications.
• Caller ID authentication to prevent number spoofing.
• AI-driven compliance monitoring to flag potential risks.

3. AI and Automation for Consent Verification

AI-driven tools can analyze communication logs to detect TCPA violations in real-time. Some technologies even allow law firms to:

• Verify and log consent automatically before initiating outreach.
• Ensure human intervention before autodialed calls are placed on cell phones (to comply with TCPA restrictions on automated calls).
• Implement voice recognition systems to confirm client consent.

4. Compliance Auditing and Risk Management

Regular audits are necessary to ensure ongoing TCPA compliance. Compliance software solutions help law firms:

• Conduct automated audits of communication logs.
• Generate compliance reports to demonstrate adherence to TCPA guidelines.
• Alert firms to potential violations before they result in legal action.

5. Secure Data Storage and Encryption

Law firms handle sensitive client data, and TCPA compliance requires secure storage of communication records and consent logs. Cloud-based solutions like RunSensible with end-to-end encryption ensure:

• Protection against data breaches.
• Secure storage of consent agreements.
• Controlled access to client communication history.

6. Integration with Legal Practice Management Software

Many legal practice management platforms, including RunSensible, offer built-in compliance tools that integrate with:

• Call tracking and recording software.
• Automated opt-in and opt-out management.
• DNC list scrubbing before outreach.

The Future of TCPA Regulations: What Law Firms Should Expect

Recent developments indicate significant changes law firms should be aware of to remain compliant.

I. One-to-One Consent Rule Vacated

In December 2023, the Federal Communications Commission (FCC) introduced the “One-to-One Consent” rule, which required businesses to obtain explicit, individual consumer consent for each specific company intending to contact them. This rule aimed to prevent the practice of obtaining blanket consent for multiple entities. However, on January 24, 2025, the Eleventh Circuit Court struck down this rule, stating that the FCC had exceeded its statutory authority under the TCPA. As a result, businesses can continue to rely on previously obtained consents that may cover multiple entities, provided that the consent is “clearly and unmistakably stated.”

II. Upcoming Changes to Consent Revocation

New FCC rules regarding consent revocation will take effect on April 11, 2025. These rules allow consumers to revoke consent through any reasonable method, and businesses cannot mandate a specific revocation process. For instance, consumers might revoke consent by replying “stop” to a text message or submitting a request through a company’s website. Businesses must honor these revocations within ten business days, after which no further automated communications should be sent to the consumer.

III. Implications for Law Firms

Law firms must stay vigilant and adapt to these evolving regulations. While vacating the One-to-One Consent rule may reduce some compliance burdens, the upcoming consent revocation rules necessitate proactive measures. Firms should review and update their communication practices, ensuring they have robust systems to track consents and process revocations promptly. Training staff on these new requirements and leveraging technology to manage client communications can help mitigate potential risks.

By staying informed and adjusting practices accordingly, law firms can navigate the changing landscape of TCPA regulations and maintain effective, compliant communication with clients.

Final Thoughts

Staying compliant with the Telephone Consumer Protection Act’s One-to-One Consent Rule is critical for law firms that use phone calls and text messaging to communicate with clients. The legal landscape around consent rules is constantly evolving, and failure to adhere to these regulations can lead to costly fines, lawsuits, and reputational damage.

While the recent court decision vacating the One-to-One Consent Rule may ease some compliance burdens, law firms must remain proactive. The upcoming changes to consent revocation requirements highlight the need for clear, documented client communication policies. Law firms should continue to prioritize obtaining explicit consent, maintaining opt-out mechanisms, and leveraging technology to manage compliance effectively. TCPA compliance violations can result in class-action lawsuits, making it crucial for law firms to adhere to best practices.

The best approach is to integrate compliance into everyday client interactions. By using CRM systems like RunSensible, automated consent tracking, and secure communication platforms, law firms can stay ahead of regulatory changes while keeping client relationships strong. Compliance is not just about avoiding penalties—it is about demonstrating professionalism, respecting client privacy, and fostering trust.

With the right tools and policies in place, law firms can navigate TCPA regulations with confidence, ensuring that their outreach remains effective, ethical, and legally sound.

RunSensible: The All-in-One Legal CRM for Compliance and Client Engagement

RunSensible is a powerful, all-in-one legal practice management and CRM solution designed to help law firms streamline their operations while ensuring compliance with critical regulations. By integrating advanced features such as AI-driven compliance monitoring, call tracking, and secure messaging, RunSensible ensures that law firms can engage with clients effectively without risking costly fines or legal disputes. In an evolving regulatory landscape, having a reliable legal CRM like RunSensible is essential for law firms looking to maintain trust, professionalism, and efficiency in their client interactions.