Fifth Circuit Rejects Application of FCC’s Prior Express Written Consent Requirement for Telemarketing Robocalls in TCPA Litigation - The National Law Review
The Fifth Circuit ruled that the FCC's prior express written consent requirement for telemarketing robocalls does not apply retroactively in TCPA litigation, potentially limiting liability for calls made before the rule's effective date.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on July 11, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated High urgency. Telemarketers, contact centers, lead generators, and debt/insurance dialers operating in the Fifth Circuit (Texas, Louisiana, Mississippi). should confirm how it applies to their specific situation before acting. There is a time constraint attached: Immediately for litigation strategy; ongoing for compliance.. 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 the FCC's 2012 requirement for prior express written consent for telemarketing robocalls cannot be applied retroactively to calls made before the rule's effective date (October 16, 2013). This reduces exposure for pre-2013 calls but does not affect post-2013 calls.
Who it affects
Telemarketers, contact centers, lead generators, and debt/insurance dialers operating in the Fifth Circuit (Texas, Louisiana, Mississippi).
What you must do
Review TCPA litigation strategy and assess exposure for pre-October 16, 2013 calls. For ongoing compliance, continue obtaining prior express written consent for all telemarketing robocalls.
Deadline
Immediately for litigation strategy; ongoing for compliance.
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