T
he FCC has delayed implementing stricter rules for consumer contact, pushing back the effective date to January 2026. This decision comes after a U.S. appeals court halted plans that would have tightened regulations on telemarketing calls and texts. The ruling, made by the Eleventh Circuit Court of Appeals on January 24, deemed the FCC's new one-to-one consent requirement exceeded its authority.

    The delayed rule change was part of an update to the Telephone Consumer Protection Act (TCPA), which aimed to close a loophole allowing multiple callers to contact consumers with a single consent signature. The revised policy would have required "prior express written consent" instead of just "prior express consent."

    For real estate professionals, this means no immediate changes are necessary in how they reach out to potential clients. However, brokerages must remain vigilant about following existing rules, which still require a written agreement with clear disclosure that the consumer is consenting to telemarketing or advertising robocalls and robotexts.

    The ruling highlights the ongoing importance of TCPA compliance, as some firms continue to face lawsuits over violations. Keller Williams recently settled a new class-action lawsuit related to telemarketing, following a $40 million settlement in 2023.