On March 17, California State Attorney General Rob Bonta, along with 28 other state attorneys general, submitted an amicus brief in the FCC’s case advocating for the rule that seeks to close a loophole allowing lead generators to misuse consumer consent for telemarketing purposes. As previously covered by InfoBytes, the rule mandates that telemarketers obtain specific, one-to-one consent from consumers before making robocalls or selling their contact information, thereby preventing the widespread abuse of consumer consent.

The amicus brief was filed in the U.S. Court of Appeals for the Eleventh Circuit, in support of the FCC’s one-to-one consent rule. It highlighted the role of lead generators in harvesting and selling consumer contact information, which allegedly contributes to robocalls significantly. The brief emphasized current legislative measures and enforcement actions, yet acknowledged ongoing challenges in addressing the issue. It further highlighted that the FCC’s rule is presented as a complement to state efforts, providing a nationwide standard that would prevent lead generators from exploiting consumer consent. The brief argued that the rule aligns with the TCPA’s intent to protect consumer privacy and reduce unwanted solicitations.

It concluded by urging the court to rehear the case en banc, stressing the importance of upholding the FCC’s rule to protect millions of Americans from invasive robocalls. As previously covered by InfoBytes, the 11th Circuit vacated the FCC’s one-to-one consent rule under the TCPA, ruling it exceeded statutory authority, leading the FCC to delay the rule’s effective date to January 26, 2026, pending further legal proceedings.