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The FCC has just postpone the One-to-One Consent Rule to Jan, 2026 following a lawsuit in the 11th Circuit Court of Appeals.
The Decision
Last week, a unanimous three-judge panel of the Eleventh Circuit issued its decision vacating Part III.D of the FCC's 2023 Order. Part III.D states that a consumer cannot consent to a telemarketing or advertising robocall unless: (1) the consumer consents to calls from only one entity at a time, and (2) consents only to calls whose subject matter is "logically and topically associated with the interaction that prompted the consent." The court found that the FCC exceeded its statutory authority under the TCPA by imposing the new consent restrictions, which conflict with the ordinary statutory meaning of "prior express consent."
Specifically, the court agreed with IMC that the FCC's interpretation of "prior express consent" to require one-to-one consent was impermissible. The court emphasized that the TCPA requires only "prior express consent," not "prior express consent" plus additional restrictions.
The Decision
Last week, a unanimous three-judge panel of the Eleventh Circuit issued its decision vacating Part III.D of the FCC's 2023 Order. Part III.D states that a consumer cannot consent to a telemarketing or advertising robocall unless: (1) the consumer consents to calls from only one entity at a time, and (2) consents only to calls whose subject matter is "logically and topically associated with the interaction that prompted the consent." The court found that the FCC exceeded its statutory authority under the TCPA by imposing the new consent restrictions, which conflict with the ordinary statutory meaning of "prior express consent."
Specifically, the court agreed with IMC that the FCC's interpretation of "prior express consent" to require one-to-one consent was impermissible. The court emphasized that the TCPA requires only "prior express consent," not "prior express consent" plus additional restrictions.
