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COURT VACATES FCC’S ONE-TO-ONE CONSENT RULE

LEGAL UPDATE:  COURT VACATES FCC’S ONE-TO-ONE CONSENT RULE!

You likely saw that the Federal Communications Commission issued a new “one-to-one consent” rule that would have required specific consent for many of your communications with your customers.

On January 24, 2025, the FCC issued an order postponing the implementation of the new “one-to-one consent” rule. This is good news.

Minutes following the FCC’s decision to postpone its new rule, the Eleventh Circuit Court of Appeals issued an order entirely vacating the “one-to-one consent” rule.  In so doing, the Court held that the FCC “overstepped statutory boundaries” because the new rule “conflicted with the plain language” of the Telephone Consumer Protection Act (“TCPA”).

What does this mean for your business?

Status quo. You do not need to worry about complying with the “one-to-one consent” rule since the Eleventh Circuit Court has entirely vacated it. You still need to comply with the TCPA and the Florida Telephone Solicitation Act (“FTSA”).

As always, feel free to reach out to legal@miamire.com if you have any questions.

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This page and all posts are meant to provide education and information on relevant legal topics facing the industry and are not a substitute for legal advice. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser. MIAMI REALTORS® does not recommend or endorse the contents of third-party sites. For legal advice or representation, contact private counsel or call the Florida REALTORS® Legal Hotline (1-407-438-1409). The information and materials on MIAMI REALTORS®’ website are provided for educational and informational purposes only and should not be construed as legal advice or as an offer to perform legal services on any subject matter. It contains general information and may not reflect current legal developments or information. Nothing is intended to create an attorney-client relationship and shall not be construed as legal advice. The information is not guaranteed to be correct, complete, current, or suitable. MIAMI REALTORS® makes no warranty, expressed or implied, about the accuracy or reliability of the information in this program or materials. Recipients of the information in this program or materials should not act or refrain from acting on the basis of any information without seeking appropriate legal advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. MIAMI REALTORS® expressly disclaims all liability with respect to actions taken or not taken by the recipient based on any or all of the information in this information and materials.

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