Dynamic Consent – Lead Generation For One To One Consent
Disclaimer: On January 24th, 2025, the FCC’s one-to-one consent rule, which required lead generators to obtain direct consent for each seller before contacting consumers, was struck down by the U.S. Court of Appeals for the Fifth Circuit. This means that, as of now, the rule is no longer in effect. However, businesses should continue to follow existing TCPA regulations and stay informed about any further legal developments or enforcement actions. This is not legal advice—please consult with a qualified attorney for compliance guidance. Please see this blog for more information.

From The Beginning – What Was Going On With The FCC In 2023?
The FCC sought to close the "lead generation loophole," which would have had a significant impact on the lead generation industry. They were trying to help consumers combat robocalls and spam texts mainly through stricter consent requirements. It meant ensuring that one-to-one consent is obtained for each seller, which is a significant shift from previous practices. You can learn more about the specifics of the struck-down ruling here.

What Is Dynamic Consent?
Dynamic consent is a way to easily get one-to-one consent before contacting leads. "Dynamic consent is the ability to return potential service providers to the consumer, allowing them to select who gets their information." Dynamic consent even allows you to keep using ping post in your strategy, read more about that here.
What Solutions Do You Have For One To One Consent?
boberdoo has 4 different solutions that you can customize to your lead flow: Click-through traffic, Dynamic consent widget, Form Builder with dynamic consent, Ping Post with APIs. Read more about what each do here.

What Does This Mean For The Lead Generation Industry?
Although the FCC’s proposed regulations did not move forward, the discussion around one-to-one consent and lead transparency has still left a lasting impact on the industry. The debate emphasized the importance of clear, consumer-approved connections between leads and sellers, a concept many companies have already started preparing for. Even without a formal ruling, the momentum toward better compliance, cleaner data, and consumer trust isn’t going away.
Dynamic consent continues to be a best practice because it ensures each lead explicitly agrees to be contacted by specific companies, improving both compliance posture and lead quality. This proactive approach positions businesses to stay ahead of future regulations and evolving consumer expectations.
If you were preparing for the FCC changes, keep going; the steps you’ve taken still strengthen your operation, protect your brand and enhance transparency with buyers and consumers alike.
Why Was The FCC Pushing To "Close The Lead Generation Loophole"?
The proposed ruling may have felt harsh, but it stemmed from real issues within the industry. Bad actors have inundated consumers with unwanted calls and texts, sometimes hundreds in a single day, resulting in frustration and distrust. The FCC’s attempt to close this "lead generation loophole" was meant to hold the industry to a higher standard.
Although the ruling didn’t pass, the message was clear: the industry needs to self-regulate and prioritize quality, consent and consumer trust. Companies that continue to adopt transparent consent practices now will be better prepared for any future regulatory changes and will stand out to both consumers and partners as trustworthy and compliant.
Webinars
We joined ActiveProspect on their one-to-one consent webinar series, and provided a checklist for lead buyers and sellers that you can watch here.
We also have a detailed walkthrough for the different options you can do with one-to-one consent, especially when working with resellers or brokers.
We hosted a webinar discussing the common questions we’ve gotten about the FCC, Dynamic Consent, One to One Consent and everything else around those subjects.
Also if you would like to join our webinars in the future, you can sign up here.
FAQs
In the context of inbound calls, when dialing a number, they are not subject to the one-to-one consent requirement for submitting data leads. This is similar to click opportunities, where the user initiates an action and goes to a website to monetize that click. However, you will need to get that explicit consent for outbound calls.
When it comes to sending outbound texts to consumers in bulk, dynamic consent is necessary. Specifically, one-to-one consent is required for this type of communication. The opt-in process, which involves TCPA language, becomes crucial in obtaining consent. It's recommended to have appropriate language for TCPA compliance on the page, and we suggest consulting with in-house legal teams or attorneys to ensure compliance.
To integrate third-party software such as Jornaya or TrustedForm, you can leverage the boberdoo Form Builder. The Form Builder supports APIs for various functionalities to incorporate third-party scripts. As a lead generator, you can add the TrustedForm or the Jornaya script to your landing pages where leads are generated. These scripts capture information upon lead submission, generating a unique ID that is then included with the other lead fields.
If you exclusively sell leads, there's an option for automatic consent without a checkbox. The boberdoo Form Builder provides a feature called "Consent Exclusive Match." This option allows for a single select consent flow. In this scenario, individual companies are not explicitly listed; instead, magic strings can be used to dynamically display the company name, website, and phone number in the TCPA terms.
Firstly, anticipate changes in relationships between lead buyers and sellers, where having a direct relationship with any reseller or lead generator becomes crucial. From a technical perspective, services like Jornaya and Trusted Form may be necessary to verify that your company name is appropriately displayed for dynamic consent.
In custom delivery, similar to standard, and based on the individual specs the partner provides.
You need to display the end seller's name. For example, if the network returns "Company A" as their end buyer in a non-exclusive scenario, it will be displayed accordingly. The documentation or logging in the lead system will show that network one was the buyer who purchased the lead on behalf of or sold it to "Company A." boberdoo partners will have new labels related to one-to-one consent and seller resellers.
The system decides who gets selected based on sorting logic if you want to display up to five sellers but have more than five potential sellers. Sorting can be based on factors such as best price, best-expected revenue per display, or weighted logic for priority distribution. Learn more about each here.
The dynamic consent processing logic moves upfront, where distribution logic occurs before consumers are presented with leads. Behind the scenes, there are three main processing logics: sorting by best price, best expected revenue per display, and weighted logic for priority distribution.
Post-reject second chance enhances the one-to-one consent lead distribution system by intelligently presenting additional matching options to consumers when initial selections fail to post successfully. This maximizes potential matches while maintaining consumer choice and respecting system configuration limits.
Regarding insurance leads, it's not explicitly specified whether the Seller listed can be a carrier. While the regulations may not expressly outline the details, including the company name and potentially the specific agent within the carrier is advisable to ensure clarity and compliance. Companies should communicate with each partner exactly what information should be returned to consumers.
Having additional options does present an opportunity to enhance revenue. By optimizing lead forms to highlight the advantages of choosing multiple companies or sellers, businesses can increase the value they derive from each lead. The importance of testing cannot be overstated. Some clients have reported poor results, experiencing significant drop-offs. However, other clients have found success, applying the 80-20 rule where a majority select the first option, but a significant minority opts for multiple partners.
Resellers still provide significant value to the industry. For lead generators, they provide access to aggregated demand through one consistent API. For lead buyers, resellers provide access to supply that would not otherwise be available. Resellers also help to weed out bad publishers. The challenge for resellers is continuously evolving to offer services that justify their position in the lead transaction process.
Suppose a consumer expresses a preference for multiple sellers. In that case, an opportunity exists to capitalize on this by facilitating transactions with each selected seller, thereby maximizing revenue. The challenge lies in processing logic that respects the one-to-one consent framework and optimizes revenue by intelligently managing lead allocations.
Yes, there is a workaround. With boberdoo form builder, you can create specific forms to only display the "final step" for the consumer, allowing you to maintain your current flow and add on the one-to-one consent at the end.
Integrating multiple monetization opportunities within the response is the solution. Providing a trackable phone number through platforms like boberdoo allows the lead generator to direct consumer interactions effectively. Additionally, leveraging web-based interactions by including links to the company's website and making the act of clicking a billable event allows lead generators to capture value from the initial research phase.
When a lead cannot be matched in real-time, one strategy involves redirecting the consumer to a confirmation page equipped with a widget to display a new set of potential partners. The boberdoo Form Builder will offer flexibility to define specific actions for leads that find no matches during the ping process, including the possibility of directing these unmatched leads towards "click only" buyers.
A significant portion of calls handled by aggregators originates from outbound efforts by call centers. Understanding the source and nature of these calls is important. This requires a deep dive into the origins of the calls and a comprehensive vetting process for any new vendors or call centers entering the system. Establishing a vetting process enables aggregators to document and understand the consumer journey.
Learn More About Dynamic Consent
See how boberdoo can help you implement dynamic consent solutions for your lead generation business.