On August 29, the FCC reinstated its previous standard for “prior express consent” under the Telephone Consumer Protection Act (TCPA), following the U.S. Court of Appeals for the 11th Circuit’s decision to vacate the agency’s 2023 rule revision. As previously covered by InfoBytes, the vacated rule would have required consumers to provide consent to one seller at a time and imposed additional requirements that telemarketing messages be “logically and topically associated” with the consumer’s interaction.

The 11th Circuit held that the FCC’s interpretation exceeded its statutory authority, concluding that prior express consent is satisfied when a consumer clearly and unmistakably states willingness to receive robocalls before they are made. In response, the FCC amended its rules to reinstate the previous definition of prior express written consent, which requires a written agreement bearing the consumer’s signature and clear disclosures.

The FCC noted the 2023 rule had not taken effect prior to the court’s decision. The reinstated prior express consent standard became effective upon publication.