A Landmark Ruling for Businesses Using Marketing Calls and Texts

On January 24, 2025, the U.S. Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission (FCC)’s controversial “one-to-one” consent rule for marketing calls and texts under the Telephone Consumer Protection Act (TCPA). This significant decision has far-reaching implications for businesses relying on telemarketing and text based marketing strategies.

What Led to This Ruling?

The TCPA and FCC’s Authority

• The TCPA, enacted in 1991, mandates that businesses obtain “prior express consent" for non-emergency calls to cell phones using autodialers or prerecorded voices and for calls to residential lines with prerecorded voices.

• In 2012, the FCC added a requirement for “prior express written consent” for marketing calls, necessitating a written agreement from recipients.

FCC’s 2023 Amendment

• In December 2023, the FCC introduced a stricter “one-to-one consent” rule, requiring consent to be specific to one seller and directly tied to the interaction prompting the consent.

• The amendment aimed to close a loophole where consumers unknowingly consented to communications from multiple marketers.

The Eleventh Circuit Decision

The Eleventh Circuit’s unanimous decision declared the FCC’s one-to-one consent rule exceeded its statutory authority under the TCPA. The court emphasized that the FCC cannot impose requirements beyond the plain meaning of “prior express consent.”

Key Findings:

1. One-to-One Consent:

   • The court held that consumers need only “clearly and unmistakably” indicate their willingness to receive robocalls.

   • Imposing one-to-one consent was deemed outside the FCC’s statutory scope.

2. Logical and Topical Association:

   • The court rejected the argument that consent must logically align with the interaction prompting it.

   • Explicit consent by the consumer remains the standard, regardless of topical associations.

What This Means for Your Business

1. Immediate Implications:

   • The one-to-one consent rule, originally set to take effect on January 27, 2025, is no longer enforceable.

   • Businesses should revert to prior standards for “prior express written consent.”

2. Operational Adjustments:

   • Many carriers and texting platforms enforce their own business rules, which may still align with one-to-one consent.

   • Review existing practices and vendor agreements to ensure compliance with current requirements.

3. Future Developments:

   • Stay vigilant for updates from the FCC, as other TCPA-related changes, including rules on revocation of consent, take effect in April 2025.

   • Maintain readiness to adapt as new legal and regulatory guidance emerges.

   
   
   
   
   
   

   

   
   

Why REBLAW?

At REBLAW, we pride ourselves on guiding businesses through complex regulatory landscapes. This decision underscores the importance of understanding how telecommunications and marketing laws impact your operations. Whether you’re evaluating compliance with TCPA rules, adjusting business strategies, or navigating vendor contracts, our team is here to provide tailored advice to keep your business on track.

With deep experience in real estate, business, communication, and cyberlaw, REBLAW is uniquely positioned to address your legal needs across industries. Contact REBLAW today to ensure your business is equipped to thrive in this evolving regulatory environment.