Beyond the Fifth Circuit: New Ruling Deepens the Legal Divide on TCPA Written Consent Requirement
March 26, 2026
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, a federal judge in Maryland held that the TCPA does not explicitly require written consent for certain telemarketing communications. …
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Appeals Court Rules Arbitration Applies to TCPA Marketing Texts — Even Years After a Customer Contract Ends
March 12, 2026
On March 5th, the U.S. Court of Appeals for the Eighth Circuit ruled in Kristi VonDeylen v. Aptive Environmental, LLC that claims brought under the Telephone Consumer Protection Act (TCPA) must be resolved through arbitration when they relate to a contractual relationship between a consumer and a business — even if the messages at issue were sent years after the original services ended.…
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Fifth Circuit TCPA Decision Raises Questions About Written Consent — But Businesses Should Proceed Carefully
March 5, 2026
A recent decision from the U.S. Court of Appeals for the Fifth Circuit has sparked discussion in the marketing and compliance community. In Bradford v. Sovereign Pest Control, LLC, the court addressed whether the Telephone Consumer Protection Act (TCPA) itself requires “prior express written consent” for certain telemarketing calls and texts. The Fifth Circuit concluded that the statute requires “prior express consent,” but does NOT explicitly require that the consent be in writing. …
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Breaking News: North Carolina House Unanimously Adopts Amendment Eliminating One-to-One Consent Requirement Following EIA Advocacy
May 7, 2025
The NC House of Representatives has reportedly unanimously adopted Amendment No. A to HB 936. This amendment eliminates the controversial "one-to-one consent" requirement. This significant development follows extensive advocacy efforts by the EIA, including speaking directly to the NC House Judiciary 3 Committee and bringing together a coalition of industry stakeholders to raise serious concerns.…
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After 11th Circuit Strikes Down FCC’s One-to-One Consent Rule, North Carolina Proposes Its Own Version
May 1, 2025
The landscape of consent for automated calls and texts remains complex following the 11th Circuit Court's decision to vacate the FCC's ultra vires "one-to-one" consent rule. As we've discussed previously on the EIA blog, this ruling invalidated the FCC’s efforts to put new restrictions on consumer’s ability to provide consent to receive calls from multiple businesses at the same time.…
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