UPDATE to Telephone Consumer Protection Act Rule on One-to-One Consent

Insights
Jan 31, 2025

The FCC announced that it will postpone the effective date of the One-to-One Consent rules to January 26, 2026, pending judicial review by the Eleventh Circuit.

On January 24, the Eleventh Circuit invalidated the rule in Insurance Marketing Coalition Ltd. v. FCC, finding that the FCC exceeded its statutory authority in its interpretation of “express prior consent” and in its requirement that calls be “logically and topically related.” The Court found that the plain meaning of “express prior consent” means that:

  • the consumer need not separately consent to receive calls and texts from individual entities,
  • nor that the entities be “logically and topically related.”

As of now, the rule is ineffective. The FCC has not indicated whether it will appeal the Eleventh Circuit ruling. The amendments that are effective April 11, 2025 remain in place.

This update stems from Frantz Ward’s original TCPA alert which can be viewed here.