Victory: Court Deals FCC’s One to One Consent Rule a Major Blow

The fight against the Federal Communications Commission’s (FCC) onerous one-to-one consent rule has taken a decisive turn. In a stunning one-two punch, the Eleventh Circuit Court of Appeals vacated the most contentious elements of the rule, siding with the Insurance Marketing Coalition (IMC) and declaring that the FCC overstepped its statutory authority under the Telephone Consumer Protection Act (TCPA). Earlier the same day, the court ordered that the FCC postpone the rule’s implementation to January 2026 or until judicial review concludes—whichever comes first.

These developments are a resounding win for businesses, consumers, and the modern economy, which depends on seamless communication and fair regulation. Companies like Uber, which has described itself as a ‘lead generation’ platform connecting riders and drivers rather than a traditional taxi service, exemplify the kind of innovative business models that thrive when regulatory frameworks are balanced and practical. Lead generation platforms drive efficiency and consumer convenience by enabling seamless interactions between buyers and sellers, whether in transportation, financial services, or other sectors.

See more

#ICYMI: op-ed from SPPI President @pmbrenner91 in @Newsmax: The @FCC's one-to-one consent rule isn’t just bad policy—it’s a disaster for jobs, consumers, and innovation. Read why this overreach threatens to upend industries like rideshare & lead-gen.https://t.co/NPq5K0LoyP

— Southwest Public Policy Institute (@southwestpolicy) January 25, 2025

What Happened?

First, the FCC postponed its rule following widespread concerns raised by REACH (Responsible Enterprises Against Consumer Harassment) and other stakeholders. Citing significant compliance burdens and an imminent court ruling, the FCC wisely chose to delay its implementation date of January 27, 2025. This decision allows breathing room for businesses and consumers while the courts resolve the underlying legal challenges.

Then came the knockout. On January 24, 2025, the Eleventh Circuit delivered a decisive ruling in IMC v. FCC, vacating the rule’s provisions requiring one-to-one consent and “logically and topically associated” limitations on calls. The court found that the FCC’s rule imposed burdens far beyond what the TCPA allows, effectively rewriting the law instead of implementing it. The decision reaffirmed that “prior express consent” should mean just that—consent freely and given by consumers—without additional, unwarranted hurdles imposed by regulatory overreach.

Why the One-to-One Consent Rule Matters

The Southwest Public Policy Institute (SPPI) has been vocal about the real-world consequences of the FCC’s one-to-one consent rule. Earlier this week, an SPPI op-ed in Newsmax, “A Boon for Foreign Call Centers, a Blow to US Jobs,” laid out the stakes:

• The rule would devastate the multi-billion U.S. lead-generation industry, forcing businesses to shut down or offshore operations while consumers were inundated with even more spam calls from unregulated foreign actors.
• It risked crippling essential tools like comparison-shopping platforms, which millions of Americans rely on for informed decisions about loans, insurance, and other financial products.
• It even threatened everyday services like ride-sharing, where cumbersome consent requirements could have derailed seamless communication between riders and drivers.

Thanks to the efforts of REACH, IMC, and many others, the rule is now on ice—and its most problematic provisions have been struck down.

Spiking the Football (Responsibly)

At SPPI, we’re not claiming the credit for this victory, but we’re not stepping aside. We stand with organizations like OLA, IMC, and REACH in calling out the economic and operational chaos this rule would have unleashed. This week’s developments validate those concerns and reflect the power of reasoned arguments, backed by legal expertise and advocacy, to shape better policy outcomes.

Special acknowledgment goes to Eric J. Troutman of TCPAWorld for amplifying this critical issue. The coalition of voices—including businesses, policymakers, and thought leaders—was instrumental in achieving this result.

What’s Next for the One-to-One Consent Rule?

While the one-to-one consent rule’s most harmful provisions are now vacated, the focus should shift to enforcing existing laws against bad actors rather than penalizing legitimate businesses. Targeted enforcement, not blanket overregulation, is the path forward.

At SPPI, we’ll continue to monitor these developments and advocate for policies that balance consumer protection with economic freedom. We remain committed to defending the innovation, convenience, and opportunity that fuel the American economy.

Let’s take a moment to celebrate this victory—a reminder that when good policy meets determined advocacy, common sense can prevail.

See more

This is why the work of organizations like @southwestpolicy is crucial.

This policy would’ve been disastrous for consumers, but now it’s dead. It would’ve sailed through without any of us seeing it coming if not for watchdogs like SPPI. We should all be grateful for their work. https://t.co/XQ3w7hIAJg

— Liam Gray (@KLiamGray) January 25, 2025