1.Background: The FCC’s One-to-One Consent Rule

In December 2023, the FCC introduced the One-to-One Consent Rule as part of its effort to close the “lead generation loophole.” Under the rule, consumers providing their information on a lead-generation website (such as LendingTree or NerdWallet) could not consent to multiple lenders at once. Instead, they would have had to explicitly agree to be contacted by each lender individually.

The rule aimed to prevent “flimsy or non-existent claims of consent” that often led to unwanted robocalls and texts. In addition to requiring one-to-one consent, the rule also introduced a new standard that marketing messages had to be “logically and topically related” to the original reason the consumer provided their contact information.

The Insurance Marketing Coalition (“IMC“), a group representing insurance and financial services firms, challenged the rule in court, arguing that it exceeded the FCC’s authority under the TCPA. The Eleventh Circuit agreed and vacated the rule.

2.Key Takeaways from the Court’s Decision

The FCC’s One-to-One Consent Rule is no longer in effect. The court determined that the FCC had exceeded its statutory authority by redefining “prior express consent” beyond what Congress intended in the TCPA. This means that mortgage lenders can continue purchasing and using leads under the previous consent framework.

Lead generation practices remain unchanged for now. Brokers and lenders can still purchase online leads where consumers consent to be contacted by multiple companies. However, some lead vendors and texting platforms had already implemented one-to-one consent as a business rule, so lenders should review any contractual obligations.

Regulatory uncertainty remains. While this ruling effectively nullifies the one-to-one consent requirement, the FCC may attempt to revise its approach or introduce new regulations in the future. Additionally, other aspects of the December 2023 Order, such as text blocking requirements for wireless carriers and changes to the National Do-Not-Call Registry, remain intact.

3.The Court’s Rationale: Why the Rule Was Struck Down

In its January 24, 2025 decision, the Eleventh Circuit Court of Appeals ruled that the FCC’s expanded definition of consent conflicted with the plain meaning of “prior express consent” in the TCPA. The three-judge panel determined that one-to-one consent is not required under the TCPA. A consumer can give prior express consent simply by agreeing to receive a marketing call or text; there is no statutory requirement for consent to be limited to one identified seller. The court found that the FCC’s interpretation attempted to rewrite the law rather than enforce it.

The court also struck down the “logically and topically related” requirement, which would have required that marketing messages be directly related to the original reason the consumer provided their information. The judges determined that as long as a consumer voluntarily gives consent, the content of the message is irrelevant under the TCPA.

The ruling also emphasized that the TCPA requires “prior express consent,” not “prior express consent plus additional restrictions.” The court ruled that the FCC impermissibly expanded the statute beyond what Congress intended, vacating the portion of the FCC’s order that created the One-to-One Consent Rule and remanding the matter back to the agency.

4.What This Means for Mortgage Brokers & Lead Buyers

For now, it’s business as usual for mortgage lenders that buy leads online. The previous consent rules remain in effect, meaning consumers can continue providing a single consent form that allows multiple lenders to contact them.

However, some lenders and lead providers had already started adjusting to the one-to-one consent rule in anticipation of its enforcement. Businesses should review their contracts and compliance policies to ensure they align with the current legal landscape.

Additionally, while this ruling strikes down the One-to-One Consent Rule, the FCC may attempt to implement new restrictions in the future. The agency is still focused on preventing robocalls and ensuring consumers have control over how their data is used.

For mortgage brokers and lenders relying on lead generation, this ruling provides relief—for now. However, given the FCC’s ongoing efforts to regulate marketing calls and texts, businesses should stay prepared for potential future changes.