FCC’s Attempt to Close ‘Lead Generator Loophole’ is Stricken Down

The FCC’s one-to-one consent rule has been stricken down by the U.S. Court of Appeals for the Eleventh Circuit. It was supposed to go into effect this past Monday and would have impacted lead generators in a major way. For example, the FCC rule stated that a consumer could not consent to a telemarketing or advertising robocall unless: (1) the consumer consents to calls from only one entity at a time, and (2) consents only to calls whose subject matter is “logically and topically associated with the interaction that prompted the consent.”

The Court in Insurance Marketing Coalition Limited v FCC, however, found that the FCC did not have the authority to redefine “prior express consent” under the TCPA to now mean one-to-one consent and vacated the rule.

deBanked put out a post last year telling readers to be prepared for the change.