Delete, Delete, Delete: FCC’s Latest Move on TCPA Compliance

In January 2025, the Eleventh Circuit Court handed down a decision that’s now led the Federal Communications Commission — the FCC — to repeal its controversial one-to-one consent rule. This move is part of the FCC’s broader Delete, Delete, Delete initiative, aimed at scrubbing outdated or unnecessary regulations from the books.

Read the full article: FCC Repeals One-to-One Consent Rule Following Eleventh Circuit Decision 

About the authors:

• Stephen T. Sharbaugh
• Martin L. Stern

Transcript

Welcome to Womble Perspectives, where we explore a wide range of topics, from the latest legal updates to industry trends to the business of law. Our team of lawyers, professionals and occasional outside guests will take you through the most pressing issues facing businesses today and provide practical and actionable advice to help you navigate the ever changing legal landscape.

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Today on Womble Perspectives, we’re diving into a major shift in telemarketing regulation.

In January 2025, the Eleventh Circuit Court handed down a decision that’s now led the Federal Communications Commission — the FCC — to repeal its controversial one-to-one consent rule. This move is part of the FCC’s broader Delete, Delete, Delete initiative, aimed at scrubbing outdated or unnecessary regulations from the books.

So, what exactly was the one-to-one consent rule?

Under this rule, businesses were required to obtain prior express written consent specifically for the entity making a telemarketing call or text — not for any affiliated or associated party. In other words, if a consumer gave consent to Company A, that consent couldn’t be passed along to Company B, even if they were partners. The rule also mandated that any calls or texts had to be “logically and topically associated” with the original interaction that prompted the consent.

This was a direct response to concerns about lead generation and comparison-shopping sites — platforms that often collect consumer information and share it with a wide network of partners. The FCC’s rule was designed to prevent these sites from using a single consent to justify outreach from dozens of companies.

But the Eleventh Circuit saw things differently.

In Insurance Marketing Coalition v. FCC, the court vacated the revised version of Section 64.1200(f)(9) — the very foundation of the one-to-one consent rule. The court found that the FCC had overstepped its authority under the Telephone Consumer Protection Act, or TCPA, and that the rule violated the Administrative Procedure Act. Essentially, the court said the FCC had gone too far in redefining what “prior express written consent” means.

As a result, the FCC has now officially repealed the rule and reinstated the previous version of its regulations. It’s worth noting that the revised rule never actually took effect — its implementation was delayed until January 27, 2025, but the court’s decision stayed that date before it arrived.

This development highlights a familiar tension: the balance between protecting consumers from unwanted communications and allowing businesses — especially those that rely on third-party service providers — to operate efficiently and legally.

As the FCC continues to refine its TCPA framework, this case serves as a reminder of the limits of regulatory authority — and the power of the courts to keep that authority in check.

That’s it for today’s episode of Womble Perspectives. For more insights on regulatory developments and what they mean for your business, be sure to follow the link in the show notes.

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