1:1 Consent Rule Vacated. What's Next?

Last week, the United States Court of Appeals for the Eleventh Circuit vacated the Federal Communications Commission's ("FCC") 1:1 consent rule. As our readership will recall, the FCC previously voted 4-1 to revise consent rules governing the receipt of telemarketing communications under the Telephone Consumer Protection Act ("TCPA"). In an effort to close what it deemed the "lead generator loophole," the FCC crafted the 1:1 consent rule, which would have required most websites and lead generators to completely overhaul the processes by which they acquire TCPA consent. Before the 1:1 consent rule was due to take effect, however, a marketing coalition filed a petition for review with the Eleventh Circuit.