FCC Conforms Rules to Court Decision Nullifying Part of Prior Express Written Consent Rule

On August 29, 2025, the Federal Communications Commission (FCC) published a final rule, effective the same day, to update its regulations concerning prior express written consent under the Telephone Consumer Protection Act (TCPA). The rule, identified as FR Doc No: 2025-16641, conforms the FCC's rules to a court decision that nullified a portion of a prior revised prior express written consent rule. Specifically, the United States Court of Appeals for the Eleventh Circuit vacated and remanded part of the Commission's order adopting revised rule section 47 CFR 64.1200(f)(9) in its 2023 'Second Text Blocking Report and Order'. The court issued its mandate on April 30, 2025, which, as of that date, vacated the rule change for the first full paragraph of Section 64.1200(f)(9) that the Commission adopted in 2023. This action by the FCC reinstates the version of Section 64.1200(f)(9) that was in place prior to the 2023 revision. The source states that prior to the court's mandate, the FCC had postponed the effective date of the revised rule, and it had not gone into effect.

This FCC action clarifies the definition of "prior express written consent" under the TCPA for businesses engaged in telemarketing and text message campaigns. It means that the previously revised language for the first full paragraph of the consent rule, which had been vacated by a court, is formally removed from the regulations, and the prior definition is restored. Businesses should understand the reinstated requirements for obtaining valid consent to avoid potential compliance issues related to advertisements or telemarketing messages sent via automatic telephone dialing systems or artificial/prerecorded voices.

• Consider reviewing internal training materials to ensure they reflect the reinstated definition of prior express written consent under 47 CFR 64.1200(f)(9).

• Consider assessing consent capture processes and forms to confirm they align with the requirements of the restored rule regarding disclosures and signature.

• Consider confirming that legal and compliance teams are aware of the FCC's formal reinstatement of the previous consent language.

• Consider updating any compliance checklists or audit procedures to reflect the current state of 47 CFR 64.1200(f)(9).

• Effective date August 29, 2025
• Effective dateAugust 29, 2025

• Office of the Federal Register· Primary source· 2025-16641· August 29, 2025
  Delete, Delete, Delete; Targeting and Eliminating Unlawful Text Messages; Rules and Regulations Implementing of the Telephone Consumer Protection Act of 1991; Advanced Methods To Target and Eliminate Unlawful Robocalls

  https://www.federalregister.gov/documents/2025/08/29/2025-16641/delete-delete-delete-targeting-and-eliminating-unlawful-text-messages-rules-and-regulations

revoq regulatory update — a revoq summary of cited public documents.