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

While Monday was the original compliance deadline for the Federal Communications Commission’s (FCC or Commission) new one-to-one consent requirement under its Telephone Consumer Protection Act (TCPA) regulations, a decision late last week has put that rule on hold indefinitely. Specifically, on Friday, January 24, 2025, the Eleventh Circuit issued its decision in Insurance Marketing Coalition v. FCC, vacating the FCC’s one-to-one consent rule and remanding it to the agency after finding that the rule exceeded the FCC’s statutory authority under the TCPA. Because the rule would have imposed significant new consent requirements for marketing calls, the Eleventh Circuit’s decision offers a major reprieve for calling parties. ARTICLE