Recent Developments in TCPA Regulations

In December 2023, the Federal Communications Commission (FCC) adopted new rules aimed at closing the “lead generator loophole” in the TCPA. The new rule prohibits lead generators and callers from using a single consumer’s written consent to inundate them with unwanted telemarketing robocalls and robotexts from multiple sellers.

The rule was set to take effect on January 27, 2025. However, on January 24, 2025, the FCC postponed its implementation by 12 months, citing ongoing legal challenges and concerns about industry readiness. Subsequently, the U.S. Court of Appeals for the Eleventh Circuit vacated the rule, determining that the FCC had exceeded its statutory authority under the TCPA. The court found that the new consent restrictions conflicted with the ordinary statutory meaning of “prior express consent.”

As a result, the One-to-One Consent Rule is currently not in effect, and businesses can continue to operate under the previous TCPA framework.

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