Loper Bright Strikes Again: Eleventh Circuit Hangs Up on FCC's One-to-One Consent Rule, Calling the Validity of Other TCPA Rules Into Question - K&L Gates
The Eleventh Circuit has invalidated the FCC's one-to-one consent rule, and the decision may cast doubt on other TCPA rules, creating uncertainty for telemarketers and lead generators.
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 relying on the one-to-one consent rule for 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; immediate review recommended.. 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 Eleventh Circuit struck down the FCC's one-to-one consent rule, which required that consent for telemarketing be obtained from the called party for each specific seller. The decision also questions the validity of other TCPA rules.
Who it affects
Contact centers, lead-gen/affiliates, SMS marketers, debt/insurance dialers, and all entities relying on the one-to-one consent rule for telemarketing calls or texts.
What you must do
Review current consent mechanisms and consult legal counsel to assess the impact of the ruling on your telemarketing practices. Monitor for further guidance from the FCC or other courts.
Deadline
No specific deadline provided; immediate review recommended.
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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