Introduction
The TCPA of 1991 continues to evolve. The landscape of telemarketing consent has shifted again. On January 24, 2025, the 11th Circuit Court vacated the FCC’s one-to-one consent rule. This controversial rule sought to require individual consumer consent for each telemarketer. This decision has important implications for businesses and consumers. It impacts how consent is obtained. It also affects including multiple telemarketers under a single, clearly disclosed consent.
What Was the One-to-One Consent Rule?
The FCC’s 2023 one-to-one consent rule attempted to close the “lead generation loophole”. Its main features included the following:
- Consent must be obtained one seller at a time.
- A single opt-in could not cover multiple telemarketers.
- Calls or texts must be topically or logically associated with the interaction that prompted consent.
- Consent must be clear and conspicuous.
- It must identify the specific seller.
The FCC wanted to protect consumers. It aimed to prevent unwitting agreements to receive marketing from multiple unknown companies.
The 11th Circuit’s Decision
In Insurance Marketing Coalition v. FCC, the 11th Circuit found the FCC exceeded its TCPA authority by imposing these constraints. The court concluded several things:
- The TCPA requires prior express consent.
- It does not mandate one-to-one consent or topical association.
- The FCC’s rule added requirements beyond what Congress enacted in the TCPA.
- This effectively created “prior express consent plus”.
- Part III.D of the 2023 FCC Order contained the one-to-one consent provisions and this part was vacated and remanded to the FCC.
The court confirmed that bundled consent remains permissible. The consent must be clearly disclosed and unmistakable.
Implications for Consumers
For consumers, this decision introduces both flexibility and potential risk:
- Consumers may inadvertently consent to multiple telemarketers if language is bundled across partners or affiliates.
- Reading consent forms carefully is more important than ever.
- Consumers should know which companies they are agreeing to hear from.
- Exercise opt-out rights promptly.
- Consumers can revoke consent under TCPA rules if unexpected calls or texts arrive.
Key Takeaways
The 11th circuit held that the FCC’s one-to-one consent rule is no longer in effect. Businesses may rely on bundled consent if clearly disclosed. Businesses must continue to obtain clear and conspicuous consent. They must maintain records and comply with other TCPA requirements. Consumers should closely review consent forms to understand who may contact them. They should exercise revocation rights when needed. The regulatory landscape remains dynamic. Monitoring future FCC actions and court decisions is essential.
Conclusion
The 11th Circuit’s decision marks a significant shift in TCPA compliance. It gives businesses flexibility in obtaining consent. It also places the onus on clear disclosure and careful documentation. Consumers should remain vigilant when granting consent. They must ensure they understand which telemarketers they are agreeing to hear from.
Need Legal Help With a TCPA Violation or Unwanted Automated Calls?
Are you receiving robocalls, prerecorded messages, or automated texts without your consent? Attorney David Head can help you. David has experience with consumer protection law, including the TCPA.
Head Law is ready to help with:
- Robocalls.
- Unwanted text messages.
- Artificial or prerecorded voice calls.
- Do Not Contact List violations.
📞 Phone: 801-691-7511 You do not have to tolerate misleading claims or unlawful calls. We are here to help you enforce your rights under TCPA