Parts of the FCC's 1-to-1 Marketing Consent Rule Seem in Jeopardy: TCPA Lawyer

Federal court oral argument this week regarding the FCC's one-to-one lead generation consent requirement (see 2412180008) seems to indicate that at least some of the rule will go away, Telephone Consumer Protection Act (TCPA) lawyer Eric Troutman blogged Thursday. The 11th U.S. Circuit Court of Appeals panel seemed focused on a consumer's "right of consent" -- an idea "the panel seems to have made up ... out of whole cloth," he wrote. Neither the FCC nor petitioner Insurance Marketing Coalition "seemed totally prepared for the curveball that may ultimately determine the outcome here," he added. The panel seemed to agree the FCC can set standards for implementing the express consent terms of the TCPA, said Troutman, and that limiting consumers to expressly defining in a clear and conspicuous way the entities they want to hear from is fine. He also said the panel also seemed to feel that the FCC's one-to-one consent rule wrongly restricts consumers from blanket consenting to receive calls from affiliates of a brand and wrongly restricts them from being able to consent to receive calls from different products that are not topically and logically related to a website. It seems likely the "logically and topically" standard will fall.