FCC reinstates “prior express consent” standard for robocalls after Eleventh Circuit vacates 2023 rule - JD Supra
FCC reinstates the 'prior express consent' standard for robocalls after the Eleventh Circuit vacated the 2023 one-to-one consent rule, reverting to the previous consent requirements.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on August 23, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated High urgency. Contact centers, lead-gen/affiliates, SMS marketers, debt/insurance dialers, and all entities making robocalls or sending automated texts. should confirm how it applies to their specific situation before acting. There is a time constraint attached: Not specified in the excerpt.. 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 FCC has reinstated the 'prior express consent' standard, meaning the 2023 rule requiring one-to-one consent for each seller is no longer in effect. The specific details of the reinstated standard are not provided in the excerpt.
Who it affects
Contact centers, lead-gen/affiliates, SMS marketers, debt/insurance dialers, and all entities making robocalls or sending automated texts.
What you must do
Review current consent practices to ensure compliance with the reinstated 'prior express consent' standard. Since the exact requirements are not detailed, consult the FCC's official guidance or legal counsel.
Deadline
Not specified in the excerpt.
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- Eleventh Circuit Vacates FCC’s One-to-One Consent Rule; FCC Issues Stay - Consumer Financial Services Law Monitor
- FCC Grants Limited One-Year Extension for TCPA Robocall Revocation Rule Compliance - Consumer Financial Services Law Monitor
- New FCC rule on TCPA consent for advertising and telemarketing calls and texts will significantly impact callers who obtain consent from lead generators - Consumer Finance Monitor
- New FCC Rule Affects Consumer Consent for Robocalls and Robotexts - Jones Day
- Eleventh Circuit Vacates TCPA One-to-One Consent Rule Immediately After FCC Postpones its Effective Date - The National Law Review