On January 24, 2025, the U.S. Court of Appeals for the Eleventh Circuit issued a ruling which vacated the so-called ​“one-to-one” consent requirement for marketing calls and texts adopted by the Federal Communications Commission (FCC) in its implementing rules for the Telephone Consumer Protection Act (TCPA). In its ruling, the court held that the rule adopted by the FCC exceeded the agency’s statutory authority because it conflicted with the plain meaning of ​“prior express consent” in the TCPA. Below we summarize the court’s ruling and explain what it means for businesses going forward.

https://www.kelleydrye.com/viewpoints/blogs/ad-law-access/eleventh-circuit-vacates-tcpa-11-consent-rule

Alysa Hutnik
ahutnik@kelleydrye.com
(202) 342-8603
www.kelleydrye.com/people/alysa-z-hutnik

Jenny Wainwright
jwainwright@kelleydrye.com
(202) 342-8649
https://www.kelleydrye.com/people/jennifer-rodden-wainwright

Hosted by Simone Roach

Subscribe to the Ad Law Access blog - www.kelleydrye.com/subscribe

Subscribe to the Ad Law News Newsletter - www.kelleydrye.com/subscribe

View the Advertising and Privacy Law Resource Center - www.kelleydrye.com/advertising-and-privacy-law

Find all of our links here linktr.ee/KelleyDryeAdLaw

Eleventh Circuit Vacates TCPA 1 - 1 Consent Rule

The Ad Law Access podcast, now available daily, is powered by Kelley Drye’s Advertising and Privacy / Data Security teams. 

Hosted by Simone Roach, the daily podcast complements the award-winning Ad Law Access blog, and provides updates and analysis on advertising, marketing, and privacy / data security law.

Please visit the Advertising and Privacy Law Resource Center at https://www.kelleydrye.com/Advertising-and-Privacy-Law-Resource-Center and our award winning blog at https://adlawaccess.com.

Eleventh Circuit Vacates TCPA 1 - 1 Consent Rule

Kelley Drye Ad Law Access Podcast