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Minutes Earlier FCC Postpones Effective Date of One-to-One Consent Rule
Literally moments earlier, the FCC’s One-to-One Consent Rule which sought to redefine the meaning of “prior express written consent” under the Telephone Consumer Protection Act, was postponed for one year by order of the FCC’s Consumer and Government Affairs Bureau. Just minutes thereafter, the rule was struck down by the U.S. Court of Appeals for the Eleventh Circuit.
Excerpts from the FCC Order:
“ {***} By this Order, we postpone the effective date for revisions to section 64.1200(f)(9) of the Commission’s rules, 47 CFR § 64.1200(f)(9),1 by 12 months, to January 26, 2026, or until the date specified in a Public Notice following a decision from the court reviewing a challenge to the new rule on the petition filed by the Insurance Marketing Coalition (IMC), whichever is sooner. We take this action pursuant to our authority under section 10(d) of the Administrative Procedure Act, 5 U.S.C. § 705, because we find that justice requires postponement of the effective date pending judicial review of the adopted rule.2 The previous requirements for prior express written consent in 47 CFR § 64.1200(f)(9) under the Telephone Consumer Protection Act (TCPA) will meanwhile remain in effect.3 We will provide notice of the new effective date, if any, through publication of a Public Notice in the Federal Register.
The Second Text Blocking Report and Order revised section 64.1200(f)(9) of the Commission’s rules.4 The Commission published the revised 47 CFR § 64.1200(f)(9) in the Federal Register on January 26, 2024,5 with an effective date of January 27, 2025.6 IMC filed a petition for review of the revised section 64.1200(f)(9) in the Second Text Blocking Report and Order in the Eleventh Circuit on January 26, 2024.7 The court heard oral arguments on December 18, 2024, and its review in this matter remains pending.
We find that justice requires postponing the effective date of the new rule pending judicial review. We take this action sua sponte under section 705 of Title 5, which provides: “When an agency finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review.”8 Several commenters have expressed serious concerns about their ability to comply with the revised prior express consent rule by January 27, 2025.9” {***}
Order Postpones Effective Date of One-to-One Consent Rule (01/24/2025)
See: DA/FCC #: DA-25-90
CG Docket No. 21-402
(Targeting and Eliminating Unlawful Text Messages)
Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991
(CG Docket No. 02-278)
CG Docket No. 17-59
(Advanced Methods to Target and Eliminate Unlawful Robocalls)
