Fifth Circuit Confirms: Oral Consent Is Enough Under the TCPA - Blank Rome LLP
Fifth Circuit rules that oral consent is sufficient under the TCPA, potentially easing compliance for telemarketers who rely on recorded verbal consent.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on September 1, 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 that use telemarketing calls or texts. should confirm how it applies to their specific situation before acting. There is a time constraint attached: No specific deadline provided.. 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 Fifth Circuit confirmed that prior express consent can be given orally, not just in writing, for TCPA purposes.
Who it affects
Contact centers, lead-gen/affiliates, SMS marketers, debt/insurance dialers that use telemarketing calls or texts.
What you must do
Review current consent collection processes to ensure oral consent is properly documented and can be evidenced if challenged.
Deadline
No specific deadline provided.
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