The FCC has issued an Order postponing the effective date of rules adopted by the Commission regarding prior express written consent under the Telephone Consumer Protection Act by 12 months, to January 27, 2026, in response to a decision by the 11th Circuit Court of Appeals concluding that the FCC overstepped its statutory boundaries in adopting the rules.
The rules, in part, modified the FCC’s definition of “prior express written consent” by requiring: (1) one-to-one consent for telemarketing calls or texts subject to the TCPA prohibition on autodialed or prerecorded calls or texts; and (2) that the subject matter of the interaction is logically and topically related to the interaction prompting the consent. The 11th Circuit has remanded the TCPA Order back to the FCC for further proceedings.
