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Eleventh Circuit overturns 2023 FCC Order on robocall consent requirements 

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The Eleventh Circuit Court of Appeals has overturned the 2023 Federal Communications Commission (FCC) Order that introduced stricter consent requirements for telemarketing and advertising robocalls. As a result, businesses are no longer required to follow the “one-to-one-consent” rule or the “logically-and-topically-related” rule.

Background on the FCC’s 2023 Order

In 2023, the FCC modified the 2012 definition of “prior express written consent” under the Telephone Consumer Protection Act (TCPA), adding two significant restrictions:

  1. One-to-One-Consent Rule: This required consumers to grant individual consent to each business for robocalls, eliminating blanket consent for multiple entities.
  2. Logically-and-Topically-Related Rule: This required that consented robocalls be related to the original interaction that prompted the consent.

The Court’s Ruling

In Insurance Marketing Coalition Limited v. Federal Communications Commission, the Eleventh Circuit ruled that the FCC exceeded its authority under the TCPA by implementing these new restrictions. The court found that the new rules conflicted with the original statutory definition of “prior express consent” and vacated them, reinstating the simpler 2012 standard.

Implications for Businesses

The ruling is a win for businesses engaged in telemarketing and robocalls, as it removes the additional compliance burdens created by the 2023 FCC Order. Companies now only need to obtain “prior express written consent” as originally defined by the FCC in 2012.

What’s Next?

Although the Eleventh Circuit’s decision benefits businesses, it may still be appealed to the U.S. Supreme Court. For now, businesses can revert to the 2012 consent requirements under the TCPA.

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