FCC Delays Implementation of “One-to-One” Consent Rule

The Federal Communications Commission (FCC) has decided to delay the enforcement of its newly introduced “one-to-one” consent rule, which was originally set to take effect in early 2025. This regulation aims to give consumers greater control over telemarketing calls and spam texts by requiring that written consent be granted to a specific business rather than covering multiple advertisers.

Initially, businesses were expected to revise their compliance strategies within a short timeframe, but the FCC has now pushed the deadline to January 26, 2026, or earlier if a court ruling accelerates the process. This extension provides companies additional time to adjust while keeping the current consent rules in place. Below, we explore the background of this rule, the reasons behind its introduction, and what the delay means for businesses and consumers.

Why the FCC Introduced Stricter Consent Requirements

The Telephone Consumer Protection Act (TCPA)

The Telephone Consumer Protection Act (TCPA), established in 1991, was designed to curb excessive robocalls and unsolicited marketing texts. Under this law, businesses must obtain prior express written consent before using automated dialing systems or pre-recorded messages for promotional communication. The goal is to ensure consumer privacy and regulate how companies engage in telemarketing activities.

Understanding the “One-to-One” Rule

Previously, businesses could use a single checkbox to obtain consent for multiple advertisers, allowing various companies to reach consumers through calls or texts. The FCC’s new rule changes this by requiring each business to secure explicit, individual permission before sending marketing messages. This means consumers will have more control over who contacts them and can avoid being overwhelmed by unwanted solicitations from multiple advertisers operating under a shared consent agreement.

The Reason for This Change

Many consumers unknowingly gave broad consent that enabled multiple companies to send marketing communications, leading to a surge in unwanted messages. To address these concerns, the FCC proposed the one-to-one rule with the aim of:

• Reducing excessive telemarketing calls and messages
• Ensuring greater transparency in consent collection
• Providing consumers with more direct control over who can contact them

The Delay: Why the FCC Postponed Implementation

The one-to-one consent rule was initially scheduled to take effect on January 27, 2025. However, legal opposition, particularly from the Insurance Marketing Coalition (IMC), resulted in the FCC delaying enforcement until January 26, 2026.

Key Reasons for the Postponement

1) Pending Court Decision

• The IMC challenged the rule in the Eleventh Circuit Court of Appeals, arguing that it would impose excessive burdens on businesses. The court heard arguments on December 18, 2024, but has not yet issued a ruling. The FCC decided to delay the rule rather than enforce it while legal proceedings remain unresolved.

2) Preventing Compliance Confusion

• If businesses rushed to comply with the new rule only for it to be overturned or modified, it could create unnecessary confusion. Delaying the rule allows for a more structured transition once a legal decision is finalized.

3) Cost and Complexity of Compliance

• Implementing individualized consent requirements requires businesses to modify their opt-in procedures, call scripts, and data management systems. The delay provides more time for companies to make these adjustments without immediate financial and operational pressure.

What This Means for Businesses

For now, businesses can continue using the existing TCPA consent framework, where a single authorization may cover multiple advertisers. However, they should stay informed about legal proceedings, as the final court ruling could accelerate the implementation of the stricter rule.

Steps businesses should take during this delay include:

• Reviewing current consent-gathering processes to ensure compliance with both existing and potential future regulations
• Updating internal policies to prepare for a possible transition to one-to-one consent requirements
• Enhancing transparency in opt-in mechanisms to reduce potential disputes with consumers

Despite the delay, businesses must still adhere to existing TCPA guidelines, as violations can result in significant penalties.

Impact on Consumers

The postponement does not affect existing consumer protections under the TCPA. Individuals still have several options to limit unwanted marketing calls and messages, including:

• Adding their phone numbers to the National Do-Not-Call Registry at www.donotcall.gov
• Using opt-out mechanisms such as replying “STOP” to text messages or following unsubscribe links
• Filing complaints with the FCC or state attorneys general if they believe a company is violating TCPA rules

Potential Consumer Benefits If the Rule Is Upheld

If the one-to-one consent requirement is eventually enforced, consumers will experience:

• Fewer unsolicited marketing calls and messages from businesses they did not explicitly approve
• Increased clarity about which companies have permission to contact them
• Stronger protections against mass telemarketing campaigns

Possible Legal Outcomes

The court’s decision will determine the future of the one-to-one consent rule. Possible scenarios include:

• The rule is upheld, and enforcement begins as scheduled in January 2026 or earlier
• The rule is modified, requiring the FCC to revise certain provisions before enforcement
• The rule is struck down entirely, leaving the current consent system unchanged
• Legal appeals delay a final decision, extending uncertainty for businesses and consumers

Given the evolving nature of telemarketing regulations, both businesses and consumers should remain attentive to updates on the case.

Best Practices for Businesses During the Delay

Although the one-to-one requirement has been postponed, businesses can take proactive steps to strengthen their consent processes and build consumer trust. Recommended actions include:

• Ensuring opt-out mechanisms are easy to use and clearly stated in marketing communications
• Simplifying consent agreements by avoiding complex legal language and making terms easy to understand
• Keeping marketing databases well-organized to facilitate adjustments if new regulations take effect
• Addressing consumer complaints quickly to demonstrate compliance and maintain a positive reputation

Final Thoughts

The FCC’s one-to-one consent rule, which seeks to enhance consumer privacy and reduce unwanted marketing messages, is now on hold until January 26, 2026, or earlier if legal proceedings conclude before then.

For businesses, this delay offers extra time to assess compliance strategies and prepare for potential regulatory changes. For consumers, the postponement preserves current safeguards while allowing for the possibility of stricter protections in the future.

Regardless of the court’s final decision, staying informed and ensuring compliance with telemarketing laws will remain essential for businesses. The evolving landscape of telemarketing regulations reinforces the importance of consumer consent and transparency in marketing practices.