Fifth Circuit holds written consent not required for telemarketing calls under the TCPA

On February 25, 2026, the US Court of Appeals for the Fifth Circuit issued a significant decision in Bradford v. Sovereign Pest Control of TX, Inc., holding that the Telephone Consumer Protection Act (TCPA) does not require prior express written consent for prerecorded or autodialed telemarketing calls to wireless numbers. In issuing this order, the Fifth Circuit broke sharply with the Federal Communications Commission’s (FCC) interpretation of the TCPA as well as long-standing TCPA precedent... By: Eversheds Sutherland (US) LLP