Cybersecurity Policy Report, Robocall Consent Rule Would Be Strengthened Under House Bill, (Sep 28, 2026)

By Lynn Stanton

Rep. Suhas Subramanyam (D., Va.) and Jefferson Shreve (R., Ind.) have introduced a bill that would reinstate the FCC’s “one-to-one” rule for consent to receiving robocalls and robotexts that the U.S. Court of Appeals for the 11th Circuit (Atlanta) vacated in 2025.

The FCC’s 2023 order limiting consents for marketing robocalls and robotext to one entity at a time was aimed at closing the “lead generator” loophole under its prior Telephone Consumer Protection Act (TCPA) rules that allowed comparison shopping websites and lead generators to gain consent from often unwitting consumers for multiple parties to robocall and robotext them (CPR, Dec. 14, 2023).

Ruling in a challenge brought by the Insurance Marketing Coalition Ltd., the 11th Circuit held that the FCC impermissibly expanded on the TCPA’s requirement of prior consent for such calls (CPR, Jan. 28, 2025).

The proposed Stop Spam Calls Act (HR 10610) would direct the FCC, within one year of enactment, to revise its rules to reflect the one-to-one rule language adopted in the 2023 order as section 64.1200(f): “The term prior express written consent means an agreement, in writing, that bears the signature of the person called or texted that clearly and conspicuously authorizes no more than one identified seller to deliver or cause to be delivered to the person called or texted advertisements or telemarketing messages using an automatic telephone dialing system or an artificial or prerecorded voice. Calls and texts must be logically and topically associated with the interaction that prompted the consent and the agreement must identify the telephone number to which the signatory authorizes such advertisements or telemarketing messages to be delivered.”

Rep. Subramanyam said, “Families shouldn’t be subjected to unwanted telemarketing robocalls from thousands of businesses. In an age where Americans have become far too used to their information being sold to the highest bidder behind their backs, Congress needs to take action to protect people’s privacy. The Stop Spam Calls Act will reign in robocall abuses and reestablish the power of consent for consumers.”

Rep. Shreve said, “Giving one company permission to call you shouldn’t open the door to calls from countless others. Your phone number shouldn’t be passed around without your say. The Stop Spam Calls Act closes that loophole. Americans should decide who has permission to call them.”

Parties issuing statements in support of the bill included the National Association of Consumer Advocates, the National Consumer League, and the National Consumer Law Center.

The bill, which is co-sponsored by Reps. Raja Krishnamoorthi (D., Ill.), Andre Carson (D., Ind.), George Whitesides (D., Calif.), and John Mannion (D., N.Y.), was referred to the House Energy and Commerce Committee.

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