11th Circuit Vacates FCC’s TCPA One-to-One Consent Rule

On Friday, January 24, 2025, the 11th Circuit vacated a portion of the Federal Communication Commission’s 2023 Order imposing a requirement that marketers obtain one-to-one consent to solicit consumers by phone and text.? The Order had imposed two new restrictions on the definition of "prior express consent" under the Telephone Consumer Protection Act (TCPA). These restrictions mandated that a consumer could consent to calls from only one entity at a time, requiring separate consent for each caller, and the communications must be logically and topically associated with the interaction that prompted the consumer’s consent.

?The court determined that these restrictions exceeded the FCC's statutory authority under the TCPA because they imposed requirements beyond the plain language of the statute. The TCPA requires only “prior express consent,” which, based on common law principles, means clear and unmistakable agreement to receive calls, without additional burdens like one-to-one consent or topic restrictions like requiring that the consent relate to business where consent was provided. The court highlighted that Congress did not authorize the FCC to impose these extra requirements and that the plain statutory language must be respected.

?The decision allows lead generators and related businesses to continue collecting broad consent from consumers without being limited to one-to-one agreements. For example, a single checkbox permitting calls from marketing partners generally remains valid under the TCPA.? For the industry, the ruling allows efficient consents for various services or providers in one interaction and without fear of violating new FCC rules.? This decision reaffirms a less restrictive interpretation of consumer consent, providing regulatory clarity and operational stability for businesses relying on telemarketing and lead generation strategies.

Looking forward, the industry should expect the FCC and Congress to respond.? But for now, they are breathing a collective sigh of relief.

?About the author:? Aaron Cohn is a partner with the law firm Weinberg Wheeler Hudgins Gunn & Dial. His practice focuses on business, consumer and investment disputes. If you would like to discuss the TCPA, feel free to send a message on LinkedIn or contact Aaron at [email protected] or 305.455.9133.