In a landmark decision, the United States Court of Appeals for the Eleventh Circuit has struck down key components of the Federal Communications Commission's (FCC) 2023 Order, including the controversial "one-to-one consent" rule governing robocalls and robotexts. The court found that the FCC overstepped its statutory authority by redefining "prior express consent" in a manner inconsistent with the language and intent of the Telephone Consumer Protection Act (TCPA).

FCC’s 1:1 Consent Rule Takes Effect January 27, 2025

In December 2023, the Federal Communications Commission (“FCC”) voted to adopt a new “one-to-one” consent requirement for telemarketing texts and autodialed phone calls. While the goal of this change is "to protect consumers from unwanted and illegal text messages and calls", the Order may impact ecommerce brands that collaborate with other companies for joint list growth initiatives, including joint giveaways or contests. This new regulation takes effect on January 27, 2025.