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Update:  U.S. Court of Appeals Vacates FCC’s “One-to-one” Consent Rule

Category: FCC
Related Categories: One-to-one Consent Rule

At the eleventh hour the U.S. Court of Appeals for the Eleventh Circuit issued a ruling vacating the FCC’s “one-to-one” consent requirement for marketing calls and texts.   The court held that the rule adopted by the FCC exceeded the agency’s statutory authority because it conflicted with the plain meaning of “prior express consent” in the TCPA. As background 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 (Insurance Marketing Coalition v. FCC, No. 24-10277 (11th Cir.), filed Jan. 26, 2024.