Major TCPA Shift: Fifth Circuit Rules Oral Consent Is Valid - The National Law Review
The Fifth Circuit ruled that oral consent is valid for TCPA calls, overturning the FCC's requirement for written consent. This reduces compliance burden for telemarketers in the Fifth Circuit (TX, LA, MS) but creates a circuit split, increasing uncertainty nationally.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on July 6, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated High urgency. Contact centers, lead generators, SMS marketers, debt/insurance dialers operating in or calling into 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 new campaigns; within 30 days for compliance program updates.. 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
Oral consent is now sufficient for telemarketing calls under the TCPA in the Fifth Circuit, reversing the FCC's 2023 ruling requiring written one-to-one consent.
Who it affects
Contact centers, lead generators, SMS marketers, debt/insurance dialers operating in or calling into the Fifth Circuit (Texas, Louisiana, Mississippi).
What you must do
Review consent collection processes for calls to Fifth Circuit numbers; consider reverting to oral consent for those jurisdictions while monitoring other circuits.
Deadline
Immediately for new campaigns; within 30 days for compliance program updates.
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- Bennett v. Allstate Insurance: Cell Phones Can Be Residential Lines Under TCPA - ACA International
- FCC finalizes rule strengthening Robocall Mitigation Database filing requirements - jdsupra.com
- Fifth Circuit Rejects Application of FCC’s Prior Express Written Consent Requirement for Telemarketing Robocalls in TCPA Litigation - natlawreview.com
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