What Happened to the FCC's One-to-One Consent Rule?

The Federal Communications Commission (FCC) introduced a new one-to-one consent rule aimed at tightening restrictions on how businesses obtain consumer consent for marketing calls and texts. Originally set to take effect on January 27, 2025, this rule would have required businesses to obtain consent on an individual basis rather than allowing broad consent across multiple companies.

However, the rule will not take effect—the Eleventh Circuit Court of Appeals vacated it, ruling that the FCC exceeded its authority under the Telephone Consumer Protection Act (TCPA). This means the rule is no longer enforceable, and businesses do not need to adjust their consent practices to comply with it.

Here’s what happened and what it means moving forward.

Background on the One-to-One Consent Rule

The FCC’s one-to-one consent rule was introduced as part of its Second Text Blocking Report and Order. The goal was to limit spam calls and texts by ensuring that consumers explicitly agreed to communications from specific businesses rather than opting into lists of multiple companies at once.

The rule had two main components:

1. One-to-One Consent Requirement – Consumers could only give consent to one business at a time. Broad consent for multiple businesses in a single form would no longer be valid.
2. Logically and Topically Related Communications – Businesses could only contact consumers about topics that were logically and topically associated with the consumer’s original interaction.

For a deeper dive into the original ruling, see: Are Your Web Forms Ready For The FCC One-To-One Consent Changes?

While these restrictions were designed to protect consumers, businesses—particularly those in lead generation—argued that the rule went too far, creating unnecessary compliance burdens and restricting legitimate marketing efforts.

Why the Eleventh Circuit Vacated the Rule

The Insurance Marketing Coalition (IMC), representing businesses affected by the rule, challenged it in court, arguing that:

• The FCC overstepped its authority by redefining "prior express consent" beyond what Congress intended in the TCPA.
• The rule unfairly restricted consumer choice by preventing them from opting into multiple businesses at once.
• The requirement for communications to be logically and topically related had no clear legal basis and would create ambiguity for businesses.

FCC Postponement vs. Court Ruling: What Actually Happened?

• January 24, 2025 (Morning): The FCC announced a 12-month delay of the rule (pushing it to January 26, 2026) to allow time for judicial review and reduce compliance burdens on businesses.
• January 24, 2025 (Later that Day): The Eleventh Circuit Court vacated the rule, ruling that the FCC had exceeded its legal authority under the TCPA.
• Final Outcome: The FCC’s postponement is irrelevant because the court’s ruling overrides it—the rule is completely vacated and will not take effect.

What This Means for Businesses

With the court’s decision, the one-to-one consent rule is no longer in effect, and businesses can continue operating under the existing TCPA consent framework for now.

Key takeaways:

• No immediate compliance changes – The rule is vacated, so businesses are not required to follow the one-to-one consent restrictions.
  
• Existing TCPA consent rules still apply – Companies must continue to comply with prior express written consent requirements as defined under the current TCPA framework.
  
• Regulatory uncertainty remains – While the rule is vacated, the FCC may still take further action, and businesses should be aware of potential future developments.
  

What’s Next?

The FCC has not yet announced whether it will appeal the decision or attempt to draft a new version of the rule. If the agency moves forward with new regulations, businesses should be prepared to adapt their compliance strategies.

In the meantime, companies should:

• Maintain detailed consent records to stay ahead of potential regulation changes. Future rules could impose stricter consent requirements or even require businesses to retroactively validate prior consent, as the original FCC ruling attempted to do.
• Ensure they follow current TCPA consent rules.
• Monitor for FCC updates on any new rulemaking efforts.
• Stay compliant with best practices for consumer consent to avoid regulatory scrutiny.

For now, the one-to-one consent rule is off the table, but businesses should remain vigilant and future-proof their compliance strategies in case of new regulatory developments.