
Implications for Overturn of FCC One-to-One Consent Rule: Key Takeaways for Businesses

Two major developments from the Federal Communications Commission (FCC) and the U.S. Court of Appeals for the 11th Circuit have given the telemarketing and lead generation industries a significant boost. The elimination of the controversial one-to-one consent rule provides much-needed clarity and stability for businesses operating in this space. Here’s what happened, what it means, and what businesses should do next.
Court’s decision to strike down the 1:1 consent rule
On January 24, 2025, the FCC announced a one-year postponement of its one-to-one consent rule, which was originally set to take effect on January 27, 2025. However, the following day, the U.S. Court of Appeals for the 11th Circuit went a step further and struck down the rule entirely in Insurance Marketing Coalition Ltd v. FCC.
The court ruled that the FCC exceeded its statutory authority in adding two major restrictions to prior express written consent:
One-to-One Consent – Consumers would have been required to provide separate consent for each individual seller, rather than consenting to multiple sellers at once.
Logically and Topically Related Requirement – Consent would have been restricted to topics directly related to the initial interaction. For instance, if a consumer inquired about car loans, they could not have been contacted about unrelated topics like loan consolidation.
The court determined that these restrictions were inconsistent with the ordinary statutory meaning of “prior express consent” under the Telephone Consumer Protection Act (TCPA). Since the TCPA does not define the phrase, the court held that Congress intended to incorporate the common-law concept of consent, meaning that consumers can give broad, clear, and voluntary consent to multiple entities at once.
Why this matters for businesses
The court’s decision immediately eliminates the one-to-one consent rule, allowing businesses to operate under the existing TCPA framework. This is a major win for lead generators and marketers who rely on legitimate consumer consent to facilitate outreach.
Key implications
Restored flexibility: Businesses can now obtain consent in a way that allows consumers to agree to be contacted by multiple sellers, as long as consent is clearly disclosed and voluntarily given.
Elimination of compliance burden: Many companies had already invested in solutions to comply with the now-defunct rule. With this decision, they can avoid unnecessary operational disruptions and legal risks.
Ongoing compliance requirements: While the one-to-one consent rule is gone, businesses must still comply with federal and state telemarketing laws, including:
Federal Do-Not-Call (DNC) Registry requirements
Scrubbing leads against the Reassigned Numbers Database (RND)
Federal Trade Commission (FTC) telemarketing rules, including recordkeeping obligations
E-SIGN Act compliance for electronic signatures and consent
Compliance measures are still critical
Although this decision is a victory for the industry, regulatory scrutiny will not disappear. Federal and state regulators remain focused on curbing illegal and unwanted calls, and TCPA-related litigation remains active. Businesses in lead generation and telemarketing should take this opportunity to refine their compliance strategies and ensure they are operating within legal boundaries.
Best practices moving forward
Provide clear and conspicuous consent language – Make sure consumers understand what they are consenting to, including which sellers may contact them.
Regularly audit compliance procedures – Even though one-to-one consent is no longer required, businesses should ensure their processes align with current TCPA and FTC regulations.
Leverage technology for compliance – Platforms like Convoso help businesses manage compliance efficiently with tools for DNC list scrubbing, RND scrubbing, and real-time lead verification.
Stay updated on regulatory developments – The case has been remanded to the FCC for further proceedings, which means additional rule changes could emerge in the future.
The 11th Circuit’s ruling marks a pivotal moment for the telemarketing and lead generation industries, reaffirming the principles of clear and voluntary consumer consent without unnecessary restrictions. While the elimination of the one-to-one consent rule is a major relief, businesses must remain vigilant in their compliance efforts to navigate the evolving regulatory landscape and mitigate risk.
Convoso remains committed to helping businesses adapt to changes in TCPA regulations, providing industry-leading compliance tools to ensure companies can operate with confidence while maximizing their outreach effectiveness. Stay informed, stay compliant, and keep driving results.
For more insights and compliance updates, sign up for our monthly compliance newsletter.