FCC Delays One-to-One Consent Rule, Plus Other Key TCPA Updates to Know

FCC Delays One-to-One Consent Rule, Plus Other Key TCPA Updates to Know

The Federal Communications Commission (“FCC”) recently gave businesses some breathing room by announcing a delay in the one-to-one consent rule. Originally set to take effect on January 27, 2025, this rule would have significantly impacted how companies obtain consent before making calls or sending text messages under the Telephone Consumer Protection Act (“TCPA”). However, the FCC’s decision to postpone it for at least another year means companies have a little extra time to adjust.

While this provides some relief, companies should stay alert to other upcoming changes to the TCPA, including a new rule on revocation of consent that will take effect in April 2025. The U.S. Supreme Court is also set to weigh in on whether district courts must defer to the FCC’s interpretation of the TCPA, which could further impact how businesses approach compliance in the future. With all these moving parts, it’s a good time for businesses to review their TCPA strategies and ensure they are prepared for whatever comes next.

On January 24, 2025, the FCC announced that it would push back the highly anticipated one-to-one consent rule, which was set to go into effect just a few days later. This rule would have required companies and lead generators to obtain consent from consumers for each individual seller, instead of allowing one broad consent to cover multiple companies at once. For example, comparison shopping websites that collect consumer consent for various businesses would have been forced to change their approach, limiting their ability to secure consent for multiple entities at once.

This delay follows a ruling from the U.S. Court of Appeals for the Eleventh Circuit, which questioned whether the FCC had overstepped its authority with this rule. The court vacated the implementation of the one-to-one consent requirement and remanded the case for further proceedings. As a result, businesses now have until at least January 26, 2026, before this rule takes effect, if it even moves forward at all.

Despite the delay, businesses should not overlook the importance of adhering to the existing TCPA requirements for prior express written consent. This includes obtaining clear permission before placing telemarketing calls or sending texts to cell phones using automatic dialing systems.

The FCC is also moving forward with changes to how companies handle revocations of consent. A new rule set to take effect on April 11, 2025, will make it easier for consumers to revoke consent, and companies will be required to honor these requests promptly. Under the new rules, consumers will no longer be limited to a single way of revoking consent. Instead, they can do so in any reasonable manner.

Once a revocation request is received, companies will need to honor it within 10 business days. Additionally, businesses will be allowed to send a one-time text message to confirm the revocation, but the message cannot contain any marketing material and must be sent within five minutes of receiving the request. This message can ask for clarification if the consumer wants to revoke consent for specific types of communications, but if there’s no response, the revocation will apply to all future calls and texts from the company.

With these changes just a few months away, it’s important for businesses to update their processes for tracking and responding to revocation requests to ensure they stay compliant.

While companies prepare for these changes, the U.S. Supreme Court is considering a case that could impact how courts treat the FCC’s guidance on the TCPA. The case raises the question of whether district courts must defer to the FCC’s interpretations when hearing private lawsuits related to the TCPA.

The Ninth Circuit previously ruled that district courts should accept the FCC’s guidance as binding in TCPA class actions, leading to the decertification of a class of plaintiffs in one such case. Now, the Supreme Court will decide whether this is the correct approach, and its decision could affect how businesses navigate future TCPA litigation.

As the regulatory landscape for the TCPA continues to evolve, it’s crucial for businesses to stay up to date with these changes. With the one-to-one consent rule on hold, upcoming revocation rule changes, and potential shifts in how courts interpret FCC guidance, 2025 is shaping up to be a year of important updates. Make sure your business is prepared by reviewing and prioritizing TCPA compliance now to avoid potential issues down the road.

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This article is for information purposes only. It is not intended to be and should not be relied on as legal advice for any particular matter.