No Written Consent Needed for Robocalls, Says 5th Circuit (via Passle) - Frankfurt Kurnit Klein & Selz PC
The 5th Circuit ruled that the TCPA does not require written consent for robocalls, overturning the FCC's 2023 ruling. This decision applies only within the 5th Circuit (TX, LA, MS) but may influence national litigation.
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. Telemarketers, lead generators, debt collectors, and SMS marketers operating in the 5th Circuit or relying on prior express consent without written documentation. should confirm how it applies to their specific situation before acting. There is a time constraint attached: Immediately for 5th Circuit operations; monitor for Supreme Court review or FCC response.. 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 5th Circuit held that the TCPA's prior express consent requirement does not mandate written consent, contradicting the FCC's 2023 order. This reduces compliance burden for oral consent but creates circuit split risk.
Who it affects
Telemarketers, lead generators, debt collectors, and SMS marketers operating in the 5th Circuit or relying on prior express consent without written documentation.
What you must do
Review consent collection processes to ensure oral consent is documented and verifiable. For operations outside 5th Circuit, continue following FCC's written consent rule until further guidance.
Deadline
Immediately for 5th Circuit operations; monitor for Supreme Court review or FCC response.
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