TCPA Do-Not-Call Liability Falls After FCC Rule and Court Changes
TCPA do-not-call liability risks declined sharply following FCC and Eleventh Circuit updates.
Why it matters: This shifts compliance and risk strategies for companies relying on consumer consent under TCPA rules, especially marketers and debt collectors facing litigation threats.
- FCC updated TCPA consent revocation rules in March 2026, allowing revocation by call category rather than blanket opt-out.
- Callers can specify an exclusive revocation method using FCC-approved channels with mandatory on-call disclosure.
- Eleventh Circuit vacated the FCC’s one-to-one consent rule in July 2025, removing prior separate seller consent requirements.
- TCPA class action filings dropped 45% in July 2026 compared to July 2025, indicating lower liability risks.
The Federal Communications Commission (FCC) revised its consent revocation rules under the Telephone Consumer Protection Act (TCPA) effective March 2026. Previously, consumers who revoked consent were interpreted to have opted out from all robocalls and texts from a caller. The FCC now permits revocation to apply only to the specific category of robocall (e.g., informational calls), allowing businesses to maintain consent for other call types. This limits the scope of revocation and reduces blanket opt-out risks.
Furthermore, businesses can designate a single exclusive revocation method from three FCC-approved options—such as a dedicated phone number or text code—provided they clearly disclose this option in every call or text message. This clarifies how consumers can revoke consent and streamlines compliance.
In a major legal development, the Eleventh Circuit Court of Appeals struck down the FCC's one-to-one consent rule in July 2025. That rule required marketers to obtain separate consent from each individual seller before contacting consumers, creating complex compliance burdens. Its removal from federal regulations eases obligations for multi-seller marketing campaigns.
The combined effect of these regulatory and judicial changes is reflected in litigation trends. TCPA class action lawsuits related to do-not-call (DNC) claims decreased by 45% in July 2026 compared to July 2025. Meanwhile, the Federal Trade Commission’s Do Not Call Data Book shows that general DNC complaints rose to about 2.6 million in fiscal year 2025 from 2.1 million the prior year, indicating ongoing consumer concerns but less class action activity under TCPA.
For legal teams advising debt collection agencies, marketers, and other TCPA-regulated businesses, these developments mandate reassessing consent management and litigation exposure under TCPA. While risk of costly class actions has dropped due to clearer consent revocation rules and removal of the one-to-one consent standard, staying vigilant remains essential given persistent FTC complaints and regulatory scrutiny.
By the numbers:
- 45% — decline in TCPA class action filings from July 2025 to July 2026
- 2.6 million — Do Not Call complaints reported by the FTC in fiscal year 2025
- 3 — FCC-approved methods to revoke TCPA consent
Yes, but: Despite fewer class actions under TCPA, high volume of consumer complaints to the FTC signals continued regulatory enforcement risk.
What's next: Companies should monitor ongoing FCC guidance and court rulings that could further clarify TCPA compliance obligations.