The 11th U.S. Circuit Court of Appeals has overturned a new FCC rule meant to limit telemarketing robocalls. The court's ruling, in the case of Insurance Marketing Coalition v. FCC, concluded that the FCC had overstepped its authority under the Telephone Consumer Protection Act (TCPA) with the one-to-one consent requirement. The rule necessitated individual consent for each company contacting a consumer, aiming to reduce the multitude of unsolicited calls generated. The FCC also delayed enforcing this order just before the court's decision, highlighting ongoing regulatory challenges surrounding robocalls, which have reached 52.8 billion annually.
After careful review and with the benefit of oral argument, we agree with IMC that the FCC exceeded its statutory authority under the TCPA because the 2023 Order's new consent restrictions impermissibly conflict with the ordinary statutory meaning of 'prior express consent.'
Accordingly, we grant IMC's petition for review, vacate Part III.D of the 2023 Order, and remand for further proceedings.
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