FCC's TCPA One-to-One Consent Shot Down

The court postponed and then vacated the FCC's One-to-One Consent Rule at the eleventh hour, just before the implementation date of January 27th, 2025.

What Was the One-to-One Consent Rule?

The rule was meant to strengthen the Telephone Consumer Protection Act (TCPA). It required strict consent procedures for companies using regulated marketing technologies. You can read more about the one-to-one rule here.

This would have affected any industry marketing with regulated technologies. The potential impact was huge. It affected not only call centers but every part of the lead pipeline. This includes lead generation companies, aggregators, publishers, and software platforms - as well as the industries they serve.

Why Was It Postponed?

On Friday, January 24, 2025, the FCC hit pause. Companies had raised concerns about the rule, and legal challenges were pending. Most businesses welcomed this delay – they needed more time to update their systems and weren't sure the rule would survive court scrutiny.

What Did the Court Say?

Immediately after the postponement, the Eleventh Circuit Court of Appeals struck down the rule entirely. Their reasoning was straightforward: while the FCC can regulate under the TCPA, this rule went beyond their authority. The court found three main problems:

• The FCC stretched its TCPA powers too far
• Congress never intended such strict requirements
• The FCC didn't properly analyze the economic impact

State Rules

Here's where it gets interesting. Several states already have similar rules in place. The federal One-to-One model may provide a blueprint for states to establish similar, more legally robust regulations.

Florida, California, Texas, New York, and Pennsylvania all have state-level telemarketing laws governing automated calls and text messages. Each state has specific requirements for obtaining consent for automated marketing calls or texts. The exact requirements and enforcement mechanisms vary by state. These regulations generally work alongside federal TCPA rules, with some states imposing stricter standards.

So, even though the federal rule is gone, you might still need to follow similar state requirements now and in the future. These laws are complex and frequently updated. I encourage you to verify these details with current state statutes or legal counsel for the most up-to-date requirements.

What's Next?

The FCC might try again with a narrower rule that could survive legal challenges. Meanwhile, it's smart to:

1. Keep good consent records
2. Follow marketing best practices
3. Watch for new rules
4. Stay connected with industry groups

Bottom Line

While the One-to-One rule didn't stick, good consent practices are still important. Follow federal and state requirements, and always prioritize clear communication with your customers. You can read more about the court's decision here.

Disclaimer: This content is provided as a guide and is not intended to replace legal counsel on compliance matters. Telemarketing regulations and requirements vary and evolve. Each business's obligations differ based on specific operations and state(s) of operation. Please consult with appropriate legal counsel for advice or clarification on your unique compliance needs.

References

• Federal Communications Commission. (2025, January 24). FCC Postpones Effective Date of One-to-One Consent Rule. FCC Press Release.
• Adams and Reese LLP. (2025). FCC One-to-One Consent Rule Struck Down: Analysis and Implications for Business.