The Federal Communications Commission (FCC) has announced a significant delay in the implementation of a new rule regarding consent for text messages. The revised regulation, which was set to take effect on January 27, 2025, has been postponed by 12 months to January 26, 2026.
This decision comes in response to ongoing legal challenges and concerns raised by various industry stakeholders. The postponement affects revisions to section 64.1200(f)(9) of the Commission’s rules, which deal with prior express written consent requirements under the Telephone Consumer Protection Act (TCPA).
The postponement is made under the Administrative Procedure Act, which allows agencies to delay the effective date of actions pending judicial review. On January 26, 2024, the Insurance Marketing Coalition (IMC) filed a petition for review of the revised rule in the Eleventh Circuit Court of Appeals. Oral arguments were heard on December 18, 2024, and earlier today the Eleventh Circuit ruled in favor of the IMC's petition, an astonishing victory against significant odds.
The FCC cited “significant burdens” that multiple parties would face if required to comply with the one-to-one consent rule by the original effective date, and its decision to extend its implementation date was made to avoid imposing new burdens on parties while the court is adjudicating the IMC’s challenge and to prevent potential legal risks for texters and callers acting in good faith. The Commission also noted that this delay might facilitate industry compliance if the court ultimately upholds the rule.
This postponement highlights the ongoing debate surrounding regulations in the telecommunications industry, particularly concerning consumer protection and marketing practices, a debate that will continue for the foreseeable future.
In the meantime, the existing requirements for prior express written consent will remain in effect during this postponement period.
