As everyone in the industry is aware, the FCC’s one-to-one consent rule is schedule to go into effect on January 27, 2025. But there is one potential thing that can stop this. When the rule was issued, the Insurance Marketing Coalition (IMC) challenged the rule. The procedure is a little wonky as it allows a challenger to file a challenge in any circuit court in the country and then that ruling is binding on the whole country.
Through this lawsuit, IMC also argues that the proposed consent requirements are unlawful because they:
1. exceed the FCC’s authority by interpreting the phrase “prior express consent” in a way that conflicts with the TCPA;
2. violate the First Amendment by employing content-based discrimination against commercial marketing calls; and
3. are arbitrary and capricious under the Administrative Procedure Act.
The Eleventh Circuit will hear argument on December 12, 2024. The court is mindful of the January 27, 2025, effective date. So it is possible that the court will rule in IMC’s favor before January 27, 2025 – and if it does that the rule will be out the door (barring appeal to the Supreme Court).
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