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On February 6, 2025, the Eleventh Circuit Court of Appeals struck down the FCC's one-to-one consent rule (previously discussed here). Applying the Supreme Court's decision in Loper Bright Enters. v. Raimondo, the Eleventh Circuit ruled that the FCC exceeded its legal authority by enforcing additional consent restrictions not explicitly outlined in the Telephone Consumer Protection Act (TCPA).
The FCC had implemented the one-to-one consent rule as a safeguard against excessive telemarketing calls. By requiring consumers to grant consent to each specific seller, the rule sought to minimize unwanted marketing communications.
By invalidating the rule, the court effectively maintains the status quo, which allows businesses to rely on a single instance of consumer consent for multiple lead generators.
Putting It Into Practice: This ruling likely ends the FCC's push on the one-to-one consent rule. In the short term, it will need to decide whether it appeals the ruling to a possible hostile Supreme Court. A Trump-centric FCC may have a different view altogether. We will keep monitoring the space for future developments.
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