Game-Changing Oral Arguments Challenge FCC’s One-to-One Consent Rule (via TCPAWorld)

|

A recent oral argument challenging the FCC’s one-to-one consent ruling under the Telephone Consumer Protection Act (TCPA) has sent ripples through the telemarketing industry. According to TCPAWorld, the hearing may have significantly altered the trajectory of this controversial rule.

While predicting the outcome of an appeal based solely on oral arguments is always risky, TCPAWorld reports that the judges’ questions strongly suggest the one-to-one consent rule, in its current form, is unlikely to survive. This could have major implications for how businesses obtain consent for marketing calls.

Here’s a breakdown of the key takeaways, as reported by TCPAWorld:

  • Initial Arguments Largely Dismissed: TCPAWorld indicates that most of the original arguments against the rule were seemingly rejected.
  • A New Focus Emerges: The judges shifted the focus to a crucial question: Does the FCC have the authority to limit a consumer’s fundamental right to consent? This issue wasn’t a central point in the initial filings.
  • What Seems Likely to Remain: TCPAWorld suggests the FCC likely retains the power to set standards for obtaining consent. This includes requirements for clear and conspicuous language, appropriate font sizes, allowing written consent, and maintaining different rules for marketing and non-marketing calls. The use of checkboxes for consent (as opposed to hyperlinks) also appears to be acceptable.
  • The Problematic Areas: TCPAWorld highlights two key areas where the judges seemed to disagree with the FCC:
    • Restricting a consumer’s ability to consent to calls from a brand’s affiliates in one fell swoop.
    • Preventing consumers from consenting to calls about products not “logically and topically related” (L&TR) to the website where consent was given.
  • The L&TR Provision’s Uncertain Future: According to TCPAWorld, the “logically and topically related” provision is the most vulnerable part of the rule and is likely to be struck down.

What This Means for the One-to-One Rule

If TCPAWorld’s analysis proves accurate, the FCC’s one-to-one consent rule could undergo significant revisions. While some aspects may remain, the limitations on consenting to affiliate calls and the contentious L&TR provision are likely to be eliminated.

Stay Tuned for Updates

The final ruling will ultimately determine the fate of the one-to-one consent rule. TLD will continue to monitor this developing situation closely and share updates as more information becomes available. We understand the importance of staying informed about these changes and will keep you apprised of any new developments.

Source: Based on reporting from TCPAWorld.