WOAH- FIFTH CIRCUIT COURT OF APPEALS JUST HELD WRITTEN CONSENT NOT REQUIRED FOR TELEMARKETIMG CALLS - TCPAWorld
The Fifth Circuit Court of Appeals ruled that written consent is not required for telemarketing calls under the TCPA, potentially easing compliance burdens for businesses in that circuit.
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 Medium urgency. Contact centers, lead generators, SMS marketers, debt/insurance dialers operating within the Fifth Circuit (Texas, Louisiana, Mississippi). should confirm how it applies to their specific situation before acting. There is a time constraint attached: No immediate deadline, but monitor for potential appeals or FCC guidance; reassess within 30 days.. 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 for telemarketing calls does not need to be in writing, contrary to the FCC's 2012 rule requiring written consent for autodialed or prerecorded calls.
Who it affects
Contact centers, lead generators, SMS marketers, debt/insurance dialers operating within the Fifth Circuit (Texas, Louisiana, Mississippi).
What you must do
Review current consent practices and determine if written consent is still required in your jurisdiction; consider updating consent processes for Fifth Circuit operations.
Deadline
No immediate deadline, but monitor for potential appeals or FCC guidance; reassess within 30 days.
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