ARTICLE
18 March 2025

Update On The FCC's One-To-One Consent Rule

GA
Global Advertising Lawyers Alliance (GALA)

Contributor

With firms representing more than 90 countries, each GALA member has the local expertise and experience in advertising, marketing and promotion law that will help your campaign achieve its objectives, and navigate the legal minefield successfully. GALA is a uniquely sensitive global resource whose members maintain frequent contact with each other to maximize the effectiveness of their collaborative efforts for their shared clients. GALA provides the premier worldwide resource to advertisers and agencies seeking solutions to problems involving the complex legal issues affecting today's marketplace.
In January the Eleventh Circuit vacated the Federal Communication Commission's (FCC) one-to-one consent rule, finding that the agency exceeded its statutory authority under the Telephone Consumer Protection Act (TCPA).
United States Media, Telecoms, IT, Entertainment

In January the Eleventh Circuit vacated the Federal Communication Commission's (FCC) one-to-one consent rule, finding that the agency exceeded its statutory authority under the Telephone Consumer Protection Act (TCPA). The latest development is that on February 19, 2025, the National Consumers League and some small business owners filed a motion to intervene in the case so that they can ask for a full rehearing of that decision.

The intervenors argue that because "the panel's decision ignored both the purpose of the TCPA (to stop unwanted calls), and the FCC's determination that the Rule was necessary to accomplish that purpose," they should be allowed to intervene to "reduce the costly burden of unwanted telemarketing calls." They argue that because of "the change in presidential administration, the FCC is no longer defending the Rule and is unlikely to seek rehearing of that decision" and thus "without government defense of the Rule, the interests of Proposed Intervenors in seeing the Rule in place will no longer be protected at all—much less adequately."

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More