In a major development for businesses relying on telemarketing and lead generation, the U.S. Court of Appeals for the Eleventh Circuit has vacated the Federal Communications Commission’s (FCC) One-to-One Consent Rule, just days before its scheduled implementation on January 27, 2025. The rule, which sought to require seller-specific consent for marketing calls and text messages, was struck down in Insurance Marketing Coalition Limited v. Federal Communications Commission. This decision marks a significant shift in the regulatory landscape under the Telephone Consumer Protection Act (TCPA)—but what happens next?
The Decision: A Major Setback for the FCC
The FCC’s One-to-One Consent Rule would have prohibited businesses from obtaining bundled consent for marketing communications from multiple sellers, instead requiring separate, seller-by-seller opt-ins. The FCC argued that this interpretation aligned with the TCPA’s requirement for “prior express consent” and would provide consumers with greater control over marketing calls.
However, the Eleventh Circuit decisively rejected this reasoning, finding that the TCPA’s text does not impose such a restriction. The court held that:
The statute only requires “prior express consent”, without additional limitations.
The FCC lacked the authority to impose a "prior express consent plus" requirement.
Consumers can, in fact, voluntarily consent to multiple sellers at once.
The FCC’s attempt to introduce a “logically and topically associated” requirement exceeded its authority.
With this ruling, the court effectively eliminated the new restriction before it could take effect — leaving businesses to continue operating under the existing TCPA framework.
What Could Happen Next?
The FCC’s response to this ruling will be closely watched, and several potential paths forward remain open:
Revised Rulemaking – While this ruling invalidates the One-to-One Consent Rule in its current form, the FCC could attempt to rework and reissue a more narrowly tailored version. For example, the agency might explore an approach that limits the number of sellers to whom a consumer can consent rather than enforcing strict one-to-one consent. However, given the court’s firm stance, any such effort would need a strong legal foundation to withstand further challenges.
Appeal to the Supreme Court – The FCC could seek review by the U.S. Supreme Court, though this is unlikely given the clear statutory limits identified by the Eleventh Circuit. The agency may determine that it is too risky to push this issue further, especially given the court’s rejection of its core arguments.
Legislative Action – Congress could amend the TCPA to explicitly authorize the FCC to impose more restrictive consent requirements. However, legislative action on this issue would likely be contentious, particularly in a politically divided Congress.
Shifts in FCC Priorities – With a Republican-majority FCC under Chair Brendan Carr, it is possible that the agency will deprioritize aggressive telemarketing regulations and instead focus on other consumer protection initiatives. If that happens, the likelihood of a revival of the One-to-One Consent Rule may decrease significantly.
What Should Businesses Do Now?
For now, companies engaged in lead generation and telemarketing can continue obtaining bundled consent under the existing TCPA framework. However, given the potential for future regulatory efforts, businesses should:
Monitor the FCC’s next steps to anticipate any new rulemaking efforts.
Ensure TCPA compliance under the current rules, particularly regarding documentation of prior express consent.
Prepare for possible shifts in enforcement if the FCC decides to take alternative actions, such as increasing scrutiny on deceptive marketing practices.
Conclusion
The Eleventh Circuit’s decision effectively kills the FCC’s One-to-One Consent Rule—at least for now. While this represents a major victory for businesses relying on bundled consent, the legal landscape remains fluid. The FCC may attempt to revive the rule in some form, Congress could take action, or enforcement priorities could shift under new leadership. Businesses should stay informed and prepared for further regulatory developments in the months ahead.
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