Fifth Circuit Says Robocall Consent Doesn’t Have to Be in Writing - FindLaw
The Fifth Circuit ruled that prior express consent for robocalls does not need to be in writing, contradicting the FCC's 2023 one-to-one consent rule. This creates a circuit split, reducing compliance burden for businesses in the Fifth Circuit but increasing risk for those operating nationwide.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on July 7, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated High urgency. Telemarketers, lead generators, SMS marketers, debt collectors, and insurance dialers using robocalls or automated texts. 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 update compliance policies and scripts.. 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 is sufficient for robocalls under the TCPA, rejecting the FCC's requirement for written consent. This applies only within the Fifth Circuit (TX, LA, MS) but may influence other courts.
Who it affects
Telemarketers, lead generators, SMS marketers, debt collectors, and insurance dialers using robocalls or automated texts.
What you must do
Review consent collection processes: for calls to numbers in the Fifth Circuit, written consent is no longer mandatory; for other circuits, maintain written consent until further guidance. Monitor for FCC appeal or Supreme Court review.
Deadline
Immediately for new campaigns; within 30 days to update compliance policies and scripts.
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