Fifth Circuit rejects FCC’s TCPA written‑consent rule for marketing calls
The Fifth Circuit rejected the FCC's TCPA written-consent rule for marketing calls, finding oral or written consent sufficient.
On February 25, 2026, the U.S. Court of Appeals for the Fifth Circuit issued a landmark opinion in Bradford v. Sovereign Pest Control of Texas, ruling that the Telephone Consumer Protection Act (TCPA) does not require “prior express written consent” for telemarketing calls to wireless numbers that use any automatic telephone dialing system or an artificial or prerecorded voice. Case No. 24‑20379 (5th Cir. 2026). Instead, the court found that either oral or written consent is sufficient.... By: Hogan Lovells