Fifth Circuit Says Robocall Consent Doesn’t Have to Be in Writing - findlaw.com
Fifth Circuit ruled that robocall consent does not have to be in writing, potentially easing TCPA compliance for telemarketers.
Aforeworn detected this change in the Telemarketing & TCPA Compliance space on August 8, 2026 and published this briefing so affected operators are forewarned rather than caught off guard. It is rated Medium urgency. Contact centers, lead-gen/affiliates, SMS marketers, debt/insurance dialers operating within the Fifth Circuit. should confirm how it applies to their specific situation before acting. There is a time constraint attached: Not specified; monitor for further rulings or FCC guidance.. Acting after that point can mean penalties, a lapsed licence, or lost eligibility — exactly the kind of surprise Aforeworn exists to prevent. Aforeworn monitors Telemarketing & TCPA Compliance continuously and turns every detected change into a plain-English briefing like this one, so you always know first. Forewarned is forearmed.
What changed
The Fifth Circuit held that prior express consent for robocalls can be oral, not necessarily written.
Who it affects
Contact centers, lead-gen/affiliates, SMS marketers, debt/insurance dialers operating within the Fifth Circuit.
What you must do
Review current consent collection processes to determine if they can be adjusted to allow oral consent in the Fifth Circuit, while ensuring compliance with other TCPA requirements.
Deadline
Not specified; monitor for further rulings or FCC guidance.
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