Eleventh Circuit Vacates Robocall Consent Protection Before It Takes Effect

On January 24, 2025, the Eleventh Circuit vacated the Federal Communications Commission’s Rule requiring individualized consent to send consumers robocalls. The FCC Rule would have required something like a checkbox, by which a consumer could select which companies they are consenting to receive calls from and which they do not wish to receive calls from. It would have otherwise prohibited the use of website contact forms that purport to obtain consent-to-be-robocalled from thousands of “marketing partners” all at once.

EPIC joined NCLC in issuing a statement on this unfortunate decision. EPIC and NCLC—joined by Consumer Federation of America, Public Knowledge, and U.S. PIRG—filed an amicus brief in this case in support of the FCC’s Rule.

EPIC regularly advocates in TCPA cases in support of consumer privacy and files comments with regulatory agencies such as the FCC and the Federal Trade Commission to better protect consumers from unwanted calls.