As we kick off a new year, there are key developments on the horizon that could impact mobile compliance and the Telephone Consumer Protection Act (TCPA). With several court rulings and regulatory changes in the works, retailers should stay on top of their SMS marketing practices to ensure they remain compliant. Given these anticipated changes, now is a good time to consult with your legal counsel to ensure your SMS marketing programs remain compliant with both federal and state regulations.

Here's a breakdown of what to watch in 2025:

Will Courts Continue Deferring to the FCC's Interpretation of the TCPA?

In 2024, the Supreme Court struck down the Chevron doctrine, which required courts to defer to federal agencies' interpretations of statutes. This year, they will decide whether courts must follow the FCC’s interpretation of the TCPA under the Hobbs Act. If the Supreme Court rules that courts are not bound by the FCC’s interpretation, judges could have more flexibility in how they apply the TCPA, potentially reopening previously settled issues. The Supreme Court heard the case in January, and a decision is expected later in 2025.

The One-to-One Consent Rule Overturned

The Eleventh Circuit recently overturned the FCC’s one-to-one consent rule, days before it was set to go into effect. The rule was enacted to address the practice of obtaining bulk consents from consumers, a practice common in the lead generator space, though the scope of the rule was broad and would also have governed disclosures seeking to obtain consent from more than one business or partner at a time.  This rule would have required programs to obtain express written consent individually for each contact—essentially only one identified seller per consent—and limited consent to calls and texts that are closely tied to the interaction that prompted the consent. While the FCC's one-to-one consent rules have been overturned, industry and carrier requirements still apply.

Changes at the FCC Under New Leadership

On January 20, 2025, President Trump appointed Brendan Carr as the new Chairman of the FCC. While Carr hasn’t identified illegal telemarketing as a key priority, he has supported TCPA rulemakings in the past. It’s likely that while his focus may shift to other areas, TCPA enforcement will continue under his leadership. The FCC may also push ahead with proposals made under the previous administration, such as new rules for AI-driven text messaging.

What About the Previous Biden Administration?

The Biden-era FCC’s rulemaking is set to bring changes that could impact businesses this year. New rules on revocation of consent are slated to take effect in April. These rules give consumers the right to revoke consent using any reasonable method and require businesses to honor these requests within ten business days. While Chairman Carr could make changes to these rules, businesses should stay prepared for enforcement.

State-Level Developments

At the state level, the 2023 amendments to Florida’s Telephone Solicitation Act (FTSA) are still affecting the industry. The amendments narrow the definition of "autodialer," leading plaintiffs to target other areas, such as Florida’s caller ID requirements. Listrak will continue to monitor the outcomes of cases related to the caller ID claims. Similarly, other states are adopting privacy and consumer protection laws, with states like Oklahoma, Maryland, and Washington seeing an uptick in “mini-TCPA” legal activity.

Listrak is here to answer any questions you might have about your Text Message Marketing programs. We take these compliance rules and anticipated changes very seriously, and our team is dedicated to keeping you abreast of further changes, news, and updates needed for your programs. For more information and assistance, contact your Account Manager or get started here with Listrak’s SMS solution.

The information outlined herein is for informational purposes only and is not legal advice. You are responsible for ensuring your marketing program complies with all federal and state laws. It is recommended that your legal team reviews and approves your marketing program.