WRITTEN CONSENT?: New Fifth Circuit Decision Says Congress Never Required It in the First Place! - TCPAWorld
The Fifth Circuit ruled that the TCPA's requirement for prior express written consent for autodialed or prerecorded calls is invalid because Congress never actually mandated it, potentially eliminating the need for written consent in that circuit.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on July 7, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated High urgency. Businesses making autodialed or prerecorded telemarketing calls to consumers in the Fifth Circuit (Texas, Louisiana, Mississippi). should confirm how it applies to their specific situation before acting. There is a time constraint attached: Immediately, as the ruling is effective now; monitor for appeals or FCC guidance.. 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 FCC's 2012 rule requiring prior express written consent for autodialed/prerecorded calls is invalid because the TCPA statute only requires 'prior express consent' without specifying 'written'.
Who it affects
Businesses making autodialed or prerecorded telemarketing calls to consumers in the Fifth Circuit (Texas, Louisiana, Mississippi).
What you must do
Review consent practices for calls to Fifth Circuit numbers; consider whether written consent is still needed or if oral/electronic consent suffices.
Deadline
Immediately, as the ruling is effective now; monitor for appeals or FCC guidance.
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- The Fifth Circuit Says You Can’t Write “Written” into the TCPA - The National Law Review
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