The One-to-One Consent Rule Was Struck Down. What Insurance Agents Buying Leads Should Still Do

By The Professions Cloud Editors Updated October 2026 · 5 sources · 3 min read

Prices and facts checked October 13, 2026. We don't accept payment for rankings.

What happened: on January 24, 2025, three days before it was due to take effect, the Eleventh Circuit vacated the FCC's one-to-one consent rule in Insurance Marketing Coalition v. FCC, a case brought by insurance-industry groups (Burr & Forman). The court held the FCC had exceeded its authority by redefining "prior express consent" (Reed Smith).

Why it still matters today: insurance is one of the biggest buyers of shared leads, and many agencies now call and text those leads with AI dialers and AI voice agents. The ruling removed one requirement, but prior express written consent for telemarketing still applies, and AI voices bring their own rules.

What the vacated rule would have required

The FCC's December 2023 order targeted the "lead generator loophole," where one consent form covered many companies. It would have required:

1. Consent to one named seller at a time, and
2. Calls "logically and topically associated" with the website where consent was given.

The court vacated both, holding the TCPA requires "prior express consent," not "'prior express consent' plus" (Burr & Forman). Under the ordinary meaning of consent, a consumer need only "clearly and unmistakably" agree before the call (Kelley Drye).

What still applies

Sources: Kelley Drye; Morrison Foerster. Our TCPA opt-out guide covers the revocation rules in detail.

The case was remanded to the FCC with no deadline. The FCC could re-propose a narrower version through new rulemaking, so watch for it (Wiley).

Why "legal again" isn't the same as "safe"

• Vague consent still fails. If the form says "our marketing partners" and your agency isn't clearly covered, you're relying on a weak record. Naming the companies that may call is the lower-risk approach (Morrison Foerster).
• Carriers and platforms may block or penalize campaigns that don't meet their own consent standards (Kelley Drye).
• AI voices are "artificial voice" calls under the TCPA, so consent requirements apply to AI agents calling leads (our AI voice call guide).
• State mini-TCPA laws in some states add stricter rules.

A lead-vetting checklist for agencies

1. Get the consent record for every lead: timestamp, IP, page URL, exact disclosure text and the seller list shown.
2. Confirm your agency is named, or clearly covered, in the disclosure.
3. Check the form language mentions automated calls, texts and AI or prerecorded voices.
4. Scrub against the National DNC list and your internal do-not-call list.
5. Honor opt-outs across every tool (dialer, AI agent, CRM) within 10 business days.
6. Put indemnities and audit rights in lead vendor contracts.

Choosing an AI phone tool? Compare AI receptionists for agencies.

FAQ

Can I buy shared leads again?

The federal one-to-one requirement is gone. You still need clear prior express written consent covering your agency for telemarketing calls and texts.

Will the FCC bring the rule back?

It may. The case was remanded with no timeline, and any new rule would have to fit the court's reading of "prior express consent."

Do inbound calls from leads need consent?

Consent rules apply to calls and texts you make. A consumer calling you isn't covered the same way, but follow-up texts and calls are.

Changelog: Oct 13, 2026: first published.