Fifth Circuit Holds TCPA Does Not Require Written Consent for Telemarketing Calls - JD Supra
The Fifth Circuit ruled that the TCPA does not require written consent for telemarketing calls, potentially easing compliance burdens for callers in that circuit.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on August 6, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated Medium urgency. Contact centers, lead-gen/affiliates, SMS marketers, and debt/insurance dialers operating within the Fifth Circuit (TX, LA, MS). should confirm how it applies to their specific situation before acting. There is a time constraint attached: No immediate deadline; monitor for further developments or FCC action.. 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 prior express consent requirement does not mandate written consent for telemarketing calls, diverging from FCC rules and other circuits.
Who it affects
Contact centers, lead-gen/affiliates, SMS marketers, and debt/insurance dialers operating within the Fifth Circuit (TX, LA, MS).
What you must do
Review current consent practices and assess whether to adjust them in light of the ruling, but note that the FCC's written consent requirement remains in effect elsewhere and may still be enforced.
Deadline
No immediate deadline; monitor for further developments or FCC action.
Never miss a change like this again
Aforeworn watches Telemarketing & TCPA Compliance around the clock and alerts you the moment a rule moves — with a plain-English brief on what to do.
Start your free trialRelated changes in Telemarketing & TCPA Compliance
- Are Text Messages Calls? Seventh Circuit's Steidinger Decision Reshapes TCPA Litigation Landscape - Consumer Financial Services Law Monitor
- Maryland’s New Telemarketing Law Now in Effect - Kelley Drye & Warren LLP
- ANOTHER COURT HOLDS SMS NOT CALLS!- W.D Missouri Court Joins New Majority In Holding SMS Are Not “Telephone Calls” For TCPA DNC Purposes - The National Law Review
- FTC Announces 2027 Telemarketer Fees to Access the National Do Not Call Registry
- FCC Confirms Utilities Demand Response Communications are Permissible Under the Telephone Consumer Protection Act - Mayer Brown