Fifth Circuit Confirms: Oral Consent Is Enough Under the TCPA - The National Law Review
The Fifth Circuit ruled that oral consent is sufficient under the TCPA, rejecting the FCC's 2024 one-to-one consent rule for calls/texts using an autodialer or prerecorded voice. This decision applies only within the Fifth Circuit (TX, LA, MS) but may influence other circuits.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on July 14, 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 operating in the Fifth Circuit or relying on oral consent for TCPA compliance. should confirm how it applies to their specific situation before acting. There is a time constraint attached: Immediately for new campaigns; within 30 days to audit existing consent records.. 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 held that oral consent alone satisfies the TCPA's prior express consent requirement, invalidating the FCC's 2024 rule requiring written one-to-one consent for autodialed/robocalls.
Who it affects
Contact centers, lead-gen/affiliates, SMS marketers, debt/insurance dialers operating in the Fifth Circuit or relying on oral consent for TCPA compliance.
What you must do
Review consent collection processes to ensure oral consent is properly documented and verifiable. For calls/texts to numbers in the Fifth Circuit, written consent is no longer mandatory, but documentation of oral consent is critical.
Deadline
Immediately for new campaigns; within 30 days to audit existing consent records.
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- US FCC-2024-0085-0001: Strengthening the Ability of Consumers to Stop Robocalls (comment deadline 2024-04-20)
- MindSift LLC; Analysis of Proposed Consent Order To Aid Public Comment
- Fifth Circuit Rejects Application of FCC’s Prior Express Written Consent Requirement for Telemarketing Robocalls in TCPA Litigation - The National Law Review
- FCC extends robocall consent revocation rule waiver to January 2027 - JD Supra
- FCC Puts Voice Provider On Robocall Compliance Plan - Law360