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WRITTEN CONSENT?: New Fifth Circuit Decision Says Congress Never Required It in the First Place! - TCPAWorld

Detected July 7, 2026 · in Telemarketing & TCPA Compliance

The Fifth Circuit ruled that the TCPA's requirement for prior express written consent for autodialed or prerecorded calls is invalid because Congress never actually required it, potentially eliminating the one-to-one consent rule for calls to cell phones.

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. All businesses making telemarketing calls or texts using autodialers or prerecorded messages, especially lead generators, contact centers, SMS marketers, and debt/insurance dialers. should confirm how it applies to their specific situation before acting. There is a time constraint attached: Immediately monitor developments; no immediate compliance deadline but prepare for potential changes within 30-60 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 Fifth Circuit held that the TCPA's 1991 text only required prior express consent (not written) for autodialed calls, and the 2015 FCC order imposing a written consent requirement is invalid. This could eliminate the need for one-to-one written consent for calls to cell phones.

Who it affects

All businesses making telemarketing calls or texts using autodialers or prerecorded messages, especially lead generators, contact centers, SMS marketers, and debt/insurance dialers.

What you must do

Review current consent practices and prepare to adjust if the ruling stands; monitor for appeals or FCC guidance; consider reverting to oral consent for autodialed calls if no further action is taken.

Deadline

Immediately monitor developments; no immediate compliance deadline but prepare for potential changes within 30-60 days.

Source: https://news.google.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?oc=5

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