A Maryland federal ruling reinforces growing uncertainty around “written consent” requirements under the TCPA.

Just days after the U.S. Court of Appeals for the Fifth Circuit raised questions about whether prior express consent under the  Telephone Consumer Protection Act (TCPA) must be in writing, another court has reached a similar conclusion—this time in a different jurisdiction.

In Bradley v. DentalPlans.com, 2026 WL 788856 (D. MD. March 20, 2026), a federal judge in Maryland held that the TCPA does not explicitly require written consent for certain telemarketing communications. While this is a district court decision, it’s significant because it reinforces that the Fifth Circuit’s interpretation may not be isolated.

A Trend Emerging Across Courts

In our recent analysis of the Fifth Circuit decision, we noted that the ruling could signal a shift in how courts interpret TCPA consent requirements—particularly around whether written consent is always necessary.

This new Maryland decision adds weight to that possibility. While not binding nationwide, it shows that:

• Courts in different jurisdictions are beginning to question long-standing assumptions about TCPA consent
• There may be growing divergence between judicial interpretation and prior FCC guidance
• The legal landscape around consent is becoming less settled and not more

What This Means for Ecommerce Businesses

For ecommerce businesses, this is not simply a legal technicality. It has real operational implications.

If this trend continues, the strict requirement for written consent may be interpreted more narrowly in some courts. But compliance expectations may vary significantly by jurisdiction and businesses could face conflicting standards between courts and regulators.

In short, flexibility may be increasing but so is uncertainty. For companies managing SMS marketing, customer outreach, and automated communications, this creates a more complex environment where some interpretations may reduce liability exposure while others may still rely on stricter FCC-aligned standards.

It’s critical to be clear that these rulings do not eliminate TCPA requirements. Businesses should not interpret this as a signal to stop collecting written consent, loosen compliance processes or to assume reduced enforcement risk. Instead, this moment reflects a legal gray area that is still evolving.

Where This Fits in the Bigger Picture

In Bradley v. DentalPlans.com, the court focused on the plain language of the TCPA, concluding that while the law requires “prior express consent,” it does not explicitly require that consent to be in writing. The court also showed increasing skepticism toward expanding FCC interpretations that go beyond the statute itself. This aligns with the Fifth Circuit and signals a broader judicial shift. 

At this stage, there is no single, unified standard. Key questions remain:

• Will more courts adopt this interpretation?
• Will appellate courts weigh in further?
• How will regulators, including the FCC, respond?

But this development is part of a broader pattern we’ve been tracking at EIA. Courts are increasingly being asked to interpret how older communications laws apply to modern digital practices. 

Similar tensions have emerged across privacy laws, website tracking and consent frameworks as well as mail and communications regulations. In each case, the result has been greater scrutiny and greater uncertainty for businesses.

The Bottom Line

At the Ecommerce Innovation Alliance (EIA), we believe ecommerce businesses need clear, consistent rules as well as alignment between courts and regulators. And more importantly, policies that reflect how modern communication tools actually work. 

The current environment—where interpretations may vary across jurisdictions—creates unnecessary risk, particularly for small and mid-sized businesses.

The Maryland ruling does not change the law overnight, but it does confirm that momentum is building toward a narrower interpretation of TCPA consent requirements.

For ecommerce businesses, that could mean potential changes in how consent is evaluated – but continued uncertainty in how rules are applied. For now, the safest path forward remains to maintain strong compliance practices while closely monitoring how this issue evolves.

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Ecommerce Innovation Alliance provides members with analysis of litigation and regulatory developments affecting online commerce and digital marketing. This post is for informational purposes only and does not constitute legal advice.