Is TCPA 1:1 Consent Dead?

Two major developments hit the Telephone Consumer Protection Act ("TCPA") landscape on January 24, 2025, just three days before the new Federal Communications Commission's ("FCC") new rule requiring telemarketers to obtain 1:1 consent for robocalls/texts was scheduled to go into effect.¹ The TCPA is a federal law that governs telephone, text message, and fax marketing, and is frequently litigated in the class action context because it provides for a private right of action with statutory damages of $500-1,500 per violation, per consumer, without a requirement to show actual injury.²As such, any company that relies on telephone, text message, or fax marketing needs to stay up-to-date on TCPA developments.