11th Circuit Vacates FCC One-to-One TCPA Consent Rule — Wiley Rein Alert (2025)

Independent legal analysis on the Eleventh Circuit decision vacating the FCC's one-to-one TCPA consent rule.

Key facts (2026-05-07, via search):

• Case: Insurance Marketing Coalition v. FCC — Eleventh Circuit decision, January 24, 2025.
• Holding: The Eleventh Circuit vacated the one-to-one consent rule, finding it exceeded the FCC's statutory authority under the TCPA.
• Rationale: The court applied the plain-and-ordinary meaning of "prior express consent" using the common law understanding of consent: a consumer need only "clearly and unmistakably state, before receiving the robocall, that he is willing to receive the robocall." The one-to-one restriction went beyond what the statute authorizes.
• Effect: The rule was vacated before its scheduled effective date of January 27, 2025 — it never actually took effect.
• Multi-seller consent restored: Consent shared across multiple sellers in a single disclosure is once again permissible under federal TCPA.

Relationship to existing KG nodes:

• Provides authoritative independent sourcing for the TCPA correction drafts in evolution-log/2026-05-07/web-refresh.md.
• Supports correction of concept.consent-management and source.activeprospect-com.blog-tcpa-text-messages-2026.