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 for calls covered by 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. Businesses making telemarketing calls to numbers in the Fifth Circuit (Texas, Louisiana, Mississippi) or relying on its interpretation. should confirm how it applies to their specific situation before acting. There is a time constraint attached: No immediate deadline, but monitor for appeals or FCC guidance.. 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, contradicting the FCC's 2012 ruling.
Who it affects
Businesses making telemarketing calls to numbers in the Fifth Circuit (Texas, Louisiana, Mississippi) or relying on its interpretation.
What you must do
Review consent practices for calls to Fifth Circuit numbers; consider whether to rely on this ruling or maintain written consent for consistency.
Deadline
No immediate deadline, but monitor for appeals or FCC guidance.
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