The Fifth Circuit Says You Can’t Write “Written” into the TCPA - The National Law Review
The Fifth Circuit ruled that the TCPA's requirement for prior express written consent cannot be expanded by the FCC to include oral consent, meaning that telemarketers must obtain written consent for autodialed or prerecorded calls to cell phones. This decision narrows the scope of consent and increases compliance burdens.
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-gen/affiliates, SMS marketers, debt/insurance dialers should confirm how it applies to their specific situation before acting. There is a time constraint attached: Immediately; the ruling is effective now within the Fifth Circuit (Texas, Louisiana, Mississippi) and may influence other circuits. FCC may appeal or issue new guidance, but operators should act now to mitigate risk.. 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 invalidated the FCC's 2015 order that allowed oral consent to satisfy the 'prior express written consent' requirement for autodialed or prerecorded telemarketing calls to cell phones. Now, only written consent (e.g., electronic signature) is valid.
Who it affects
Contact centers, lead-gen/affiliates, SMS marketers, debt/insurance dialers
What you must do
Review and update consent collection processes to ensure all telemarketing calls to cell phones using autodialers or prerecorded messages are based on written consent. Audit existing consent records and obtain written consent where oral consent was previously relied upon.
Deadline
Immediately; the ruling is effective now within the Fifth Circuit (Texas, Louisiana, Mississippi) and may influence other circuits. FCC may appeal or issue new guidance, but operators should act now to mitigate risk.
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- PENNSYLVANIA SB 992: What Business Leaders Need to Know About the New Telemarketing Law - The National Law Review
- Bennett v. Allstate Insurance: Cell Phones Can Be Residential Lines Under TCPA - ACA International
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