MEF CEO Dario Betti shares an update on a last minute delay for the FCC’s new rules around opt-ins for commercial communications in the US and what the delay means for businesses and consumers.
In a last-minute change in the USA where the Federal Communications Commission’s (FCC) is suspending its rules on One-to-One consent for lead generation in light of a court ruling. The rule was supposed to go live on the 27th of January (see MEF’s article here); these changes would have introduced stricter rules for getting consent from consumers before making telemarketing and advertising calls. This development has important effects on the mobile industry, and MEF wants to explain what happened and what it means for businesses, consumers, and the future of the industry.

At its core, this issue is about finding the right balance. Consumers want to avoid annoying and misleading robocalls, while businesses need the ability to connect with potential customers. The FCC’s rule aimed to fix a real problem, but the court’s decision shows how difficult it is to make rules that work for everyone.
What Was the FCC’s One-To-One Rule About?
In 2023, the USA and FCC made changes to how companies get permission (called “prior express consent”) from people before contacting them with telemarketing or advertising robocalls. The deadline for implementing this new consent definition was the 27th of January 2025. Hours before its implementation the USA regulator gave an extension of 12 month.
Now that the rule is on hold, businesses can continue using broader consent practices, but they still face uncertainty about what future rules might look like. The overall long-term evolution of the matter is still undefined. The 12 months suspension could help the industry, but the there is still no clarity if the FCC order will be implemented in full.”
The rule said:
- Companies could only get consent from people for calls from one specific business at a time.
- The consent had to clearly match the topic of the interaction that led the person to give their consent.
The goal of the rule was to protect consumers from unwanted calls and make the process of giving consent more transparent. However, some industry groups argued that these rules made it too hard to run their businesses and conflicted with existing laws about consent.
What Did the Court Decide?
The Insurance Marketing Coalition (IMC), a group representing businesses in the marketing industry, challenged the rule in court. The 11th Circuit Court of Appeals agreed with their argument. The court said the FCC’s new consent requirements didn’t fit with the broader idea of consent that Congress had originally included in the Telephone Consumer Protection Act (TCPA). Specifically, the IMC challenged what the definition of “prior express consent” was, highlighting that the emphasis was on blocking a type of consent mechanism without clarifying what was the broader acceptable opt-in approach. As a result, the court struck down the FCC’s rule and sent it back for further review.
What Did the FCC Do in Response?
Knowing the court might block the rule, the FCC decided to delay its implementation by 12 months. Originally, the rule was supposed to take effect on January 27, 2025, but it has now been postponed until January 26, 2026, or until the FCC revises the rule based on the court’s feedback. For now, the previous, less strict rules for getting consent will remain in place.
Why Does This Matter?
This decision has significant effects on the mobile ecosystem. Here’s how it impacts different groups:
In practice, empirical evidence from the industry pointed to a lack of awareness and general lack of preparation ahead of the 27th of January. The suspension is coming to help many companies that would have not been compliance. Now that the rule is on hold, businesses can continue using broader consent practices, but they still face uncertainty about what future rules might look like. The overall long-term evolution of the matter is still undefined. The 12 month suspension could help the industry but the there is still no clarity if the FCC order will be implemented in full. We are not expecting business to stop using lead generators until a definitive position is agreed across courts and FCC.
The FCC’s goal was to reduce unwanted calls and make it clearer to people what they were agreeing to when giving consent. With the rule on hold, consumers might not see these protections take effect anytime soon. However, they also won’t face the inconvenience of overly complicated consent processes.
The ruling highlights the ongoing challenge of balancing consumer protection with the needs of businesses. While stricter rules could help build trust among consumers, they also risk stifling marketing and advertising efforts that rely on reaching large audiences efficiently.
What’s Next for the Industry?
This situation presents both challenges and opportunities:
- Transparency and Trust: Companies need to focus on clear and honest communication with consumers about what they are agreeing to. This can help build trust and reduce complaints about unwanted calls.
- Preparing for Future Rules: Even though the court struck down the rule, the FCC is likely to revise and reintroduce new consent requirements. Businesses should stay informed and be ready to adapt.
- Collaboration: Ongoing discussions between regulators, businesses, and consumer advocates are crucial to creating fair and workable rules.
- Innovation: This is an opportunity for the industry to explore better ways to manage consent, such as user-friendly tools that make it easy for consumers to control how and when they are contacted.
Conclusion
The 11th Circuit’s decision to block the FCC’s 2023 rule highlights the need for clear and fair guidelines for telemarketing and advertising. While the decision removes some immediate pressure on businesses, it leaves open important questions about how to protect consumers while supporting innovation and growth in the mobile industry.
The Mobile Ecosystem Forum will continue working with its members and other stakeholders to navigate these changes. By focusing on collaboration, transparency, and smart solutions, the industry can meet the needs of both consumers and businesses in this ever-evolving landscape.