» FCC Issues Final Rule on Prior Express Written Consent

FCC Issues Final Rule on Prior Express Written Consent

September 6, 2025

On August 29, 2025, the Federal Communications Commission (FCC) issued a final rule amending its Prior Express Written Consent requirements under the Telephone Consumer Protection Act (TCPA). This move follows a decision earlier this year by the U.S. Court of Appeals for the 11th Circuit, which vacated the FCC’s 2023 revisions.

The now-vacated 2023 rule would have required consumers to provide consent for telemarketing on a seller-by-seller basis and would have limited telemarketing content to topics “logically and topically associated” with the consumer’s initial interaction. The 11th Circuit found that these additional restrictions exceeded the FCC’s statutory authority.

In response, the FCC reinstated its prior definition of prior express written consent: a written agreement signed by the consumer with clear disclosures that authorize robocalls or texts. The Commission emphasized that the 2023 rule had never taken effect, so businesses are expected to continue operating under the reinstated standard without a transition period.

The reinstated rule became effective immediately upon publication on August 29, 2025.

For mortgage brokers and loan originators using outbound calling or texting as part of their marketing, this decision eliminates uncertainty created by the 2023 revisions. You should continue to rely on signed, written consent agreements with consumers, ensuring that disclosures are clear and specific. While the reinstated rule is less restrictive than what had been proposed, TCPA compliance remains a high-risk area where violations can lead to substantial penalties.

Final Rule in the Federal Register

FCC Issues Final Rule on Prior Express Written Consent

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