The Pennsylvania Senate on October 28, 2025, voted unanimously to approve a critical amendment to Senate Bill 992 (SB 992). The amendment, A01964, sponsored by Senator Michele Brooks, removes a problematic “one-to-one” consent provision that mirrored a defunct Federal Communications Commission (FCC) rule recently invalidated by a federal appellate court. The decisive 50-0 vote signals a strong bipartisan consensus against anchoring state law to a failed and legally unsound federal experiment.
The Ecommerce Innovation Alliance (EIA), which sought the change, commends the Senate for its pragmatic action. This amendment is a vital first step in ensuring SB 992 effectively protects consumers without stifling legitimate commerce. While this is a major victory, the EIA will continue to engage with legislators to advocate for further improvements to the bill.
Avoiding a Failed Federal Experiment
The original language of SB 992 posed a significant threat by attempting to import a controversial and ultimately doomed federal standard into Pennsylvania law.
The Rise and Fall of the FCC’s 1:1 Consent Rule
The FCC’s rule was created to close what it called the “lead generator loophole,” where a single consumer consent could be sold to hundreds of sellers, leading to a flood of unwanted calls. The FCC’s solution had two main parts:
- One-to-One Consent: It required that consumer consent be obtained for only one seller at a time.
- “Logically and Topically Related” Restriction: It mandated that calls be related to the subject matter of the website where consent was given.
However, just before the rule was to take effect, the U.S. Court of Appeals for the Eleventh Circuit vacated it entirely in Insurance Marketing Coalition v. FCC. The court ruled that the FCC had exceeded its statutory authority, finding its new standard impermissibly conflicted with the ordinary legal meaning of “prior express consent”. The court described the FCC’s rule as an attempt to create a more burdensome “prior express consent plus” standard that was not supported by the law passed by Congress.
Pennsylvania’s Near Miss with SB 992
The original version of SB 992 would have defined consent as an agreement between a consumer and a “specific and individual” seller. This language was a direct legislative echo of the FCC’s failed “one-to-one” rule. Had this provision been enacted, it would have created immediate legal chaos, placed unworkable burdens on Pennsylvania’s ecommerce sector, and ultimately confused consumers.
A Unanimous Vote for Regulatory Sanity
Amendment A01964, sponsored by Senator Michele Brooks, provided the solution by striking the words “specific and individual” from the bill. The amendment’s passage by a unanimous 50-0 vote is profoundly significant. It shows a clear, bipartisan recognition that state law should not be built on a legally defective federal rule. The vote was a decisive choice for clarity over chaos and a testament to the Senate’s commitment to sound, evidence-based policymaking.
The Path Forward
The passage of Amendment A01964 is a foundational victory that removes the most dangerous provision from SB 992. The EIA applauds the Senate’s leadership and foresight. However, the legislative journey is not over. The EIA remains actively engaged in Harrisburg to advocate for further refinements, ensuring the final bill is a model of effective and balanced regulation that serves the interests of all Pennsylvanians.
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