Eleventh Circuit Vacates TCPA 1:1 Consent Rule - Kelley Drye & Warren LLP
The Eleventh Circuit vacated the FCC's 1:1 consent rule for TCPA calls/texts, which previously required separate consent per seller. This may ease compliance for telemarketers and lead generators.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on August 26, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated Medium urgency. Contact centers, lead-gen/affiliates, SMS marketers, debt/insurance dialers operating in the Eleventh Circuit (AL, FL, GA) or relying on its precedent. should confirm how it applies to their specific situation before acting. There is a time constraint attached: No specific deadline provided; monitor for FCC response or petition for rehearing.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Telemarketing & TCPA Compliance continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
The 1:1 consent rule (requiring one-to-one consent for each seller) has been vacated, so the FCC's stricter consent interpretation is no longer in effect in that circuit.
Who it affects
Contact centers, lead-gen/affiliates, SMS marketers, debt/insurance dialers operating in the Eleventh Circuit (AL, FL, GA) or relying on its precedent.
What you must do
Review current consent practices and update scripts/forms to align with the vacated rule, but await FCC guidance or further rulings before making major changes.
Deadline
No specific deadline provided; monitor for FCC response or petition for rehearing.
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