FCC’s Revised “One-to-One” Consent Rule Postponed

If you’ve been following the Federal Communications Commission’s (FCC) efforts to curb unwanted robocalls and spam texts, you probably heard about the “one-to-one” rule—a tighter requirement stating that a single written consent may only be used for one specific company or “one identified seller.” When it was announced, businesses worried about the costs and logistics of revising their marketing practices by January 2025.

However, in a recent twist, the FCC postponed the rule’s effective date to January 26, 2026 (or earlier, if a federal court decides sooner). In simple terms: the old rules stay in effect for now, and businesses have more time to prepare. Below, we’ll break down what this change means for telemarketers, lead generators, and everyday consumers.

Quick Refresher: Why the FCC Revised Its Rules

TCPA Basics

The Telephone Consumer Protection Act (TCPA) is a key federal law designed to curb unwanted calls and texts. Enacted in 1991, it requires telemarketers to obtain “prior express written consent” before sending auto-dialed or pre-recorded messages to consumers. The core goal is simple: protect consumer privacy by limiting how and when businesses can place marketing calls or texts.

The “One-to-One” Rule

Building on the TCPA’s foundation, the FCC approved a new rule that requires separate, specific consent for each seller. In the past, a single checkbox might have covered multiple advertisers—potentially opening the door to numerous unsolicited calls or texts. Under the “one-to-one” requirement, each individual business must secure its own explicit permission from consumers, ensuring tighter control over who’s allowed to reach you by phone or text.

Why the Change?

Consumer advocates and everyday subscribers voiced concern that “blanket consent” forms led to an influx of unwanted telemarketing messages. One simple online form could authorize a whole list of companies to call or text. By shifting to a one-to-one approach, the FCC aims to give consumers a clearer choice and reduce the chances of being flooded by multiple advertisers using the same consent.

Postponed Effective Date

Originally, these more stringent rules were set to take effect on January 27, 2025. However, due to a legal challenge brought before a federal court, the FCC decided to postpone the effective date by a year—or until the court resolves the case. As a result, the old consent rules remain in place for now, giving businesses and consumers more time to prepare for the potential impact of the “one-to-one” requirement.

The Current Status: Postponement Until 2026

In January 2024, the new “one-to-one” TCPA consent requirement faced a court challenge from the Insurance Marketing Coalition (IMC), which argued that the rule would place excessive burdens on businesses. Their lawsuit reached the Eleventh Circuit Court of Appeals, where oral arguments were heard on December 18, 2024. Since no final decision has been issued yet, the FCC decided to postpone the rule’s effective date rather than subject companies to uncertain, potentially shifting standards. Leveraging its authority under the Administrative Procedure Act, the FCC delayed implementation by a year, until January 26, 2026—though that date may be moved up if the court rules sooner.

For businesses, this delay means they can continue using the existing “prior express written consent” framework that was in place before January 2025. Many had been preparing for a significant overhaul in compliance practices—such as updating their opt-in forms, scripts, and databases—but now have additional time to assess what final shape the rule may take. Still, telemarketing regulations under the TCPA remain firmly in effect, and companies risk steep penalties if they violate current consent requirements. Essentially, while the adoption of the new one-to-one rule is on pause, the broader TCPA enforcement continues as usual. Businesses should stay informed about the legal proceedings and be ready to pivot if the court’s decision or the FCC’s subsequent notice triggers an earlier effective date for the revised rule.

Why the Postponement Happened

Avoid Confusion
The FCC recognized that requiring immediate compliance while the courts could overturn or modify the rule would lead to chaos. If businesses scrambled to meet these new standards and the rule was later invalidated, it could create massive uncertainty.

Compliance Burdens
Adopting a “one-to-one” consent approach isn’t cheap or straightforward. Companies would need to rework opt-in forms, call scripts, databases, and compliance protocols, imposing significant costs and administrative challenges.

Legal Risk for Everyone
If the rule took effect and was later reversed in court, businesses acting in good faith might suddenly find themselves exposed to lawsuits. By postponing, the FCC aims to provide a clearer path once the courts make a final determination.

What This Means for Consumers

Even though the new “one-to-one” rule is postponed, existing consumer safeguards under the Telephone Consumer Protection Act (TCPA) still apply. These protections include:

Existing Protections

• Do-Not-Call Registry: Add your number to the National Do-Not-Call Registry (www.donotcall.gov) to reduce telemarketing calls.
• Opt-Out Options: Reply “STOP” to unwanted text messages or use other clear methods to halt future messages.
• Complaint Avenues: If you believe a company is violating TCPA rules, file a complaint with the FCC or contact your state Attorney General’s office.

Future Benefits

• If the new “one-to-one” rule is ultimately upheld, you could receive fewer calls from random “marketing partners,” providing more control over who contacts you.

A Note on Fine Print

• Always read the terms when entering contests, signing up for free offers, or downloading apps—consent to calls or texts can be hidden there.

Looking Ahead: Possible Outcomes

The future of the “one-to-one” consent rule hinges on the Eleventh Circuit’s decision. Depending on the court’s findings—and any subsequent appeals—the rule could take several possible paths:

• Rule Upheld, Effective in 2026 (or Earlier)
  If the court fully sides with the FCC, the new requirement may still go into effect sooner than the current January 2026 deadline, especially if the court’s final mandate issues earlier.
• Rule Modified
  The court could decide that certain parts of the rule need refining. In that case, the FCC would likely revise the language, potentially leading to a new compliance timeline.
• Rule Struck Down
  There’s a possibility the court rejects the rule entirely. If this happens, the existing definition of prior express written consent remains unchanged indefinitely.
• Extended Uncertainty
  Court decisions can be appealed, which might prolong the final outcome. This means businesses and consumers could face additional delays before knowing whether or when the new rule will apply.

Regardless of the outcome, these developments underline how telemarketing regulations remain fluid—warranting continued vigilance by both industry players and the public.

Best Practices to Stay Compliant (Even During Delays)

While the “one-to-one” requirement is postponed, it’s wise for businesses to refine their approach to telemarketing and texting. Adopting forward-thinking practices now will help safeguard consumer trust and ensure smooth operations if the rule ultimately comes into effect. Consider the following steps:

• Offer Clear Opt-Outs
  Make it easy for recipients to stop communications. For instance, let them “Press 2 to unsubscribe” or “Reply STOP” to text messages.
• Ask for Consent in Plain Language
  Replace confusing legalese with straightforward statements, e.g., “By checking this box, you agree to receive marketing calls/texts from [Company Name].” Clarity reduces disputes and improves consumer satisfaction.
• Segment Your Lists
  Keep telemarketing databases organized by date or consent type. This ensures you can quickly remove leads or update permissions if circumstances change.
• Respond Quickly to Complaints
  Show good faith by resolving issues promptly. Whether the concern comes directly from a customer or the FCC, swift action can prevent further scrutiny and potential penalties.

Conclusion

The FCC’s new “one-to-one” requirement—demanding specific, separate consent from consumers for each seller—has been postponed until January 26, 2026, or sooner if the courts allow. While this delay means businesses can continue operating under the existing TCPA framework, it also underscores the growing focus on consumer privacy and the need for careful compliance.

For companies, the extra time is an opportunity to upgrade systems, train staff, and streamline consent-gathering processes. For consumers, the pause preserves current protections and offers a glimpse of potentially stricter safeguards if the rule ultimately takes effect.

As the legal landscape evolves, staying informed and proactively respecting consumer consent will not only help avoid penalties—it can also reinforce trust and foster healthier customer relationships.