5th Circuit Rejects FCC Rule, Says TCPA Allows Any Kind of Consent for Marketing Calls

While FCC rules require prior written consent for telemarketing calls, the Telephone Consumer Protection Act indicates that oral consent is enough, the 5th U.S. Circuit Court of Appeals said Wednesday. "Contrary to the FCC’s regulation, Congress permits either written or oral consent for any auto-dialed or pre-recorded call," and the TCPA specifically allows such communication if the caller has prior express consent of the called party, the appellate court said in its decision (docket 24-20379).

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Blank Rome TCPA lawyer Harrison Brown told us in an interview that the decision was “common sense” as it reflects TCPA language that requires only prior express consent, and the FCC rewrote its TCPA rules in 2012 to require prior written consent. The 5th Circuit ruling also reflects the fact that if someone provides a phone number they might expect to be called, he said.

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"5th Circuit Rejects FCC Rule, Says TCPA Allows Any Kind of Consent for Marketing Calls," by Matt Daneman was published in Communications Daily on February 27, 2026.