Written Consent Ruling May Signal Change For Telemarketing

Manatt's Partners and with associate co-authored an article for Law360 on the Fifth Circuit's recent ruling in Bradford v. Sovereign Pest Control and its implications for telemarketing consent requirements under the Telephone Consumer Protection Act.

The Fifth Circuit's February 2026 decision in Bradford invalidated the FCC's longstanding prior express written consent requirement, finding that the TCPA requires only prior express consent for automated telemarketing calls. The ruling, empowered by the Supreme Court's 2024 elimination of Chevron deference, signals a potential sea change for businesses engaged in nationwide calling and texting programs. Krasovec, Reilly and Ruane cautioned, however, that businesses should not assume the decision relieves them of all prior express written consent obligations.

“Bradford, while promising, does not entirely relieve companies of prior express written consent obligations even within the Fifth Circuit,” wrote Krasovec, Reilly and Ruane.

Law360 subscribers can read the full article .