The FCC’s new Chair, Commissioner Carr, delayed the 1:1 rule on Friday right before 5pm CST.  Within 15 minutes of that, the 11th Circuit vacated the 1:1.

Read the FCC Delay here.

Highlights of delay:

1. 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.
2. 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

Read the 11th Circuit Decision here.

Highlight of decision:

1. After careful review and with the benefit of oral argument, we agree with IMC that the FCC exceeded its statutory authority under the TCPA because the 2023 Order’s new consent restrictions impermissibly conflict with the ordinary statutory meaning of “prior express consent.” Accordingly, we grant IMC’s petition for review, vacate Part III.D of the 2023 Order, and remand for further proceedings.

What now?

Now, all the same rules that existed prior to one to one still exist.  You can work all your old leads but you do still need to follow TCPA regulations.

Based on the court’s decision, I do believe we have the ability to look at “written” consent as overstepping the original meaning.  We also need to get more focused on consent revocation.  As we know, consumers are not versed on all the regulations and if we change how consumer behavior has historically existed, consumers may unknowingly revoke consent from all communications when they just wanted to change from text to email or some other variable.

That’s all for now, but stay tuned!