On January 24, 2025, the Eleventh Circuit Court of Appeals struck down the FCC's one-to-one consent rule days before it was set to take effect, and the FCC then deleted it. As of now, one-to-one consent is not a federal requirement. But the story matters for every texting program, because it shows both where consent standards were heading and how unsettled the rules have become.
What was the one-to-one consent rule?
The FCC issued the rule in December 2023 to close the lead-generation loophole. It would have required each business to obtain its own individual consent, so a single opt-in covering a batch of loosely related "marketing partners" would no longer be enough. One opt-in, one seller. It was scheduled to take effect in late January 2025, and it would have reshaped how shared and purchased lists worked.
Why did the court vacate it?
In Insurance Marketing Coalition v. FCC, the Eleventh Circuit found the FCC had exceeded its statutory authority, ruling the agency couldn't impose the one-to-one requirement the way it had. The court vacated the rule just before its effective date, and the FCC subsequently removed the vacated language and reinstated the prior standard. No replacement has taken its place.
What does it mean for campaigns now?
Practically, the consent baseline that existed before the 2023 proposal is what governs. For political campaigns, that means the same standard as before: some form of consent, no signed-form requirement, opt-outs honored, sender identified. The deeper lesson is caution. The rule targeted shared and purchased consent, and even though it's gone, carriers and states are tightening around the same idea independently. A list built on borrowed or bought consent is a risk whether or not this specific rule is on the books, and the whole episode is a reminder that texting law is a moving target. See the complete TCPA guide for the settled fundamentals.
Frequently asked questions
Is the one-to-one consent rule still in effect?
No. The Eleventh Circuit vacated it in January 2025, days before it would have taken effect, and the FCC deleted it. It is not a federal requirement.
What was the one-to-one consent rule?
A December 2023 FCC rule that would have required each business to get its own individual consent, ending single opt-ins that covered multiple "marketing partners." It aimed at the lead-generation loophole.
Does the ruling change what consent campaigns need?
No. The pre-2023 consent baseline governs, so campaigns still need some form of consent, honored opt-outs, and sender identification. But lists built on shared or purchased consent remain risky.
Keep reading: the complete TCPA guide and do campaigns need consent to text voters?. For the agency, see the FCC.
This is general information, not legal advice. This reflects developments as of the date above; consult counsel for current rules.