The 11th Circuit's Final Blow to FCC’s One-to-One Consent Rule?

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The Eleventh Circuit has denied intervention efforts, officially ending the FCC’s TCPA one-to-one consent rule. Read on to learn what this means for compliance and what's still in effect. 

Eleventh Circuit refuses to permit intervention in IMC case–is this the end for one-to-one?

By Eric J. Troutman of Troutman Amin, LLP & TCPAWorld

So big news today.

This morning the Eleventh Circuit Court of Appeals entered an order denying the efforts of several parties– including the National Consumers League–to intervene and defend the FCC’s TCPA one-to-one consent ruling.

This development comes after the Eleventh Circuit had previously struck down the ruling and the FCC stated it would not pursue it further.

With this latest denial the fate of the TCPA one-to-one rule appears sealed. Theoretically the proposed intervenors could seek Supreme Court review of the Eleventh Circuit’s denial but the chances of success on such an effort are too low to merit discussion.

So, unless something insane happens (and these days- who knows!) the FCC’s TCPA one-to-one consent rule is officially dead!

Yay.

R.E.A.C.H. will be updating its standards in light of this change so be on the lookout for that.

Although the FCC’s TCPA one-to-one consent rule is dead the FCC’s TCPA revocation rule is not– in fact it is very much alive and in effect RIGHT NOW.

Over the weekend I saw on LinkedIn some folks suggesting the “reasonable means” provision of the ruling was stayed– ABSOLUTELY FALSE. The ONLY part of the rule that was stayed was the scope provisions– so be sure to get it right!

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