On February 6, 2025, the Eleventh Circuit Court of Appeals struck down the FCC’s one-to-one consent rule (previously discussed here). Applying the Supreme Court’s decision in Loper Bright Enters. v. Raimondo, 9 the Eleventh Circuit ruled that the FCC exceeded its legal authority by enforcing additional consent restrictions not explicitly outlined in the Telephone Consumer Protection Act (TCPA).
The phrase “manic Monday” is getting a pretty good workout these days. Far from being a cute top 40 song from the ’80s, the ongoing drama at the Consumer Financial Protection Bureau (CFPB) has put a new spin on catching up with the weekend news.
Significant amendments to the Telephone Consumer Protection Act (TCPA) have taken effect, introducing stricter consent and revocation requirements for marketers for telephone marketing and text messages.
As of January, the Federal Communications Commission (FCC) mandated that businesses obtain explicit, individualized consent from consumers before sending telemarketing robocalls or texts, effectively closing the "lead generator loophole."
As we previously blogged about, Acting Director Scott Bessent circulated a message throughout the CFPB on February 3 directing “…all employees, contractors, and other personnel of the Bureau:
Yesterday, the Consumer Financial Protection Bureau (CFPB or Bureau) requested and was granted a 90-day stay in the litigation involving trade associations Cornerstone Credit Union League (Cornerstone) and the Consumer Data Industry Association (CDIA). This case, which challenges the CFPB’s Final Rule on the prohibition of medical debt information in consumer reports, has been temporarily halted as the Bureau undergoes significant leadership changes.
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