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.
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.
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.
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:
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.
The FCC might try again with a narrower rule that could survive legal challenges. Meanwhile, it's smart to:
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 are subject to ongoing evolution. Each business's obligations differ based on specific operations and the state(s) of operation. Please consult with appropriate legal counsel for advice or clarification on your unique compliance needs.
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Perspective from Practice
This analysis reflects operating lead-delivery and compliance systems during periods of regulatory uncertainty. When the One-to-One Consent Rule was announced, delayed, and ultimately vacated, teams across the lead ecosystem were forced to adjust their intake logic, consent handling, and buyer requirements in real-time.
At ClickPoint Software, we experienced this shift through LeadExec, our lead capture and distribution platform used by organizations managing regulated outreach. Customers had already begun preparing systems for stricter consent rules, revealing how costly reactive compliance can be when regulations change suddenly.
LeadExec is designed to keep consent language, timestamps, source context, and delivery records linked to each lead at the transaction level. This structure enables teams to adapt as rules evolve, whether enforcement becomes tighter, narrower, or shifts to state-level requirements, without rearchitecting their pipelines.
The outcome of the One-to-One rule highlights a broader pattern: compliance pressure is fragmenting, not disappearing. Durable systems that embed consent and documentation into everyday operations are better equipped to handle regulatory volatility.
What was the FCC’s One-to-One Consent Rule?
The One-to-One Consent Rule was a proposed regulation intended to strengthen the TCPA by requiring consumer consent to be tied to a single, specific seller rather than shared broadly across multiple marketers.
Did the One-to-One Consent Rule ever take effect?
No. The rule was postponed just days before its January 27, 2025 implementation date and was then vacated entirely by the Eleventh Circuit Court of Appeals.
Why did the court strike down the rule?
The court found that the Federal Communications Commission exceeded its authority under the TCPA, failed to demonstrate congressional intent for such strict requirements, and did not adequately assess the rule’s economic impact.
Does the court’s decision eliminate consent requirements under the TCPA?
No. Existing TCPA consent requirements remain in force. The ruling only removed this specific federal rule, not broader federal or state telemarketing obligations.
Do state-level one-to-one consent rules still apply?
Yes. Several states, including Florida, California, Texas, New York, and Pennsylvania, have their own telemarketing and consent laws. Some impose requirements that resemble or exceed the proposed federal rule.
Should companies stop tracking consent because the rule was vacated?
No. Maintaining detailed, verifiable consent records remains a best practice and is often required under state law, TCPA enforcement actions, and buyer agreements.
What does this decision mean for lead generation companies?
It highlights regulatory volatility. Companies that embedded consent and documentation into their lead systems were able to adapt quickly, while those relying on manual or ad hoc processes faced higher operational risk.
Could the FCC introduce a revised version of the rule?
Yes. The FCC may attempt a narrower rule that better aligns with statutory authority and economic analysis. Ongoing regulatory activity should be monitored closely.
What’s the practical takeaway for marketers and lead sellers?
Even when federal rules are overturned, compliance pressure rarely disappears. Designing systems that retain consent language, timestamps, and source context provides resilience against future rule changes and state-level enforcement.
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