In December 2023, the FCC updated the definition of prior express consent, requiring consumers to consent to only one entity at a time and ensuring that the calling subject matter is directly linked to the initial consent interaction. This prompted the Insurance Marketing Coalition to file for a review, leading the FCC to postpone the implementation of this rule by one year. The Eleventh Circuit court subsequently ruled that these new restrictions conflicted with the TCPA's ordinary statutory meaning of prior express consent, reiterating that consent only requires clear consumer agreement to receive calls, not one-to-one consent or topic restrictions.
The FCC revised the definition of prior express consent, limiting it to one entity at a time and linking consent to related call topics, which the Eleventh Circuit found restrictive.
The Eleventh Circuit ruled that the FCC's restrictions on prior express consent conflict with the statutory definition under TCPA, emphasizing the importance of clear consumer willingness.
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