News - Compliance

    Major TCPA Ruling: Eleventh Circuit Strikes Down FCC 1:1 Consent Rules

    Convoso

    The United States Court of Appeals for the Eleventh Circuit has delivered a significant ruling that reshapes TCPA compliance requirements. The court vacated the FCC’s 2023 “1:1” and “logically and topically associated” consent rules, declaring them beyond the agency’s statutory authority.

    The court found that the FCC overstepped its statutory authority by imposing restrictions inconsistent with the ordinary meaning of “prior express consent.” Specifically, the ruling vacates Part III.D of the FCC’s 2023 Order, stating:

    “The FCC exceeded its statutory authority…because the 2023 Order’s new consent restrictions impermissibly conflict with the ordinary statutory meaning of ‘prior express consent.’”

    This decision, effective immediately, applies nationwide and sets a precedent that prohibits the FCC from reintroducing similar restrictions in the future.

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