MASSIVE RULING: Maryland District Court Joins Fifth Circuit in Holding TCPA Does Not Require Written Consent as Kay FCC-Created Robocall Protections Begin to Erode - TCPAWorld
A Maryland district court ruled that the TCPA does not require written consent for autodialed or prerecorded calls, aligning with the Fifth Circuit's interpretation. This challenges the FCC's 2023 one-to-one consent rule, potentially reducing compliance burdens for telemarketers.
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. Contact centers, lead generators, SMS marketers, debt/insurance dialers should confirm how it applies to their specific situation before acting. There is a time constraint attached: Immediately assess risk; no fixed deadline but act before enforcement actions or conflicting rulings.. 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 court held that prior express consent under the TCPA does not need to be in writing, contradicting the FCC's 2023 rule requiring written one-to-one consent for robocalls and texts.
Who it affects
Contact centers, lead generators, SMS marketers, debt/insurance dialers
What you must do
Review current consent practices; consider reverting to oral consent for non-telemarketing calls, but maintain written consent for telemarketing under the TSR. Monitor for appeals or FCC guidance.
Deadline
Immediately assess risk; no fixed deadline but act before enforcement actions or conflicting rulings.
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