Eleventh Circuit vacates the one-to-one consent rule

In Insurance Marketing Coalition v. FCC, the 11th Circuit held the FCC exceeded its TCPA authority and vacated the one-to-one and 'logically and topically related' requirements. The same day, the FCC postponed the rule's effective date.

General information, not legal advice. Confirm anything you act on with TCPA counsel.

What changed

In Insurance Marketing Coalition v. FCC (January 24, 2025), the 11th Circuit held that the FCC exceeded its TCPA authority with the one-to-one consent rule and the 'logically and topically related' requirement, and vacated both. The FCC postponed the rule's effective date that same day (DA 25-90).

Multi-seller consent forms can still work if consent is clear and each seller is properly disclosed. Other regimes, such as CMS's TPMO data-sharing consent, have their own rules.

What it means for pay-per-call teams

Multi-seller consent remains allowed if it is clear and unmistakable, but every seller must still be properly disclosed.

Checklist

• Keep seller lists accurate and visible on forms
• Capture consent proof certificates
• Watch state law, which may be stricter