As part of the FCC’s ongoing “Delete, Delete, Delete” proceeding, the FCC has conformed Part 64 of its rules to a court decision nullifying the first paragraph of section 64.1200(f)(9) as adopted in the Second Text Blocking Report and Order. In Insurance Marketing Coalition Limited v. FCC, the United States Court of Appeals for the Eleventh Circuit (Eleventh Circuit) vacated and remanded part III.D of the Second Text Blocking Report and Order. Specifically, the FCC has removed from its rules the one-to-one marketing consent rule, which required one-to-one consent for calls or texts subject to the TCPA prohibition on telemarketing robocalls and robotexts to wireless numbers absent an emergency purpose.
