Fifth Circuit Holds TCPA Does Not Require Prior Express Written Consent for Telemarketing Calls - Consumer Financial Services Law Monitor
The Fifth Circuit ruled that the TCPA does not require prior express written consent for telemarketing calls, overturning the 2015 FCC ruling. This decision applies only within the Fifth Circuit (Texas, Louisiana, Mississippi) but may influence other circuits and the FCC.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on July 6, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated High urgency. Contact centers, lead generators, SMS marketers, debt/insurance dialers operating in the Fifth Circuit or relying on its interpretation. should confirm how it applies to their specific situation before acting. There is a time constraint attached: Immediately for new campaigns; within 30 days for existing processes to avoid non-compliance in other jurisdictions.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Telemarketing & TCPA Compliance continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
The Fifth Circuit held that the TCPA's telemarketing consent requirement is 'prior express consent' (oral or written) rather than 'prior express written consent' (signed writing). This reduces the consent burden for telemarketing calls using an autodialer or artificial/prerecorded voice.
Who it affects
Contact centers, lead generators, SMS marketers, debt/insurance dialers operating in the Fifth Circuit or relying on its interpretation.
What you must do
Review and potentially update consent collection processes for telemarketing calls to allow oral consent, but only if operating within the Fifth Circuit. Outside the Fifth Circuit, continue requiring written consent until further guidance.
Deadline
Immediately for new campaigns; within 30 days for existing processes to avoid non-compliance in other jurisdictions.
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