Well folks, its down to the wire.

With just one business day remaining until one-to-one goes into effect on Monday several efforts to stay or quash the ruling are ongoing, but none of have paid off.

Here’s the latest as of 10:10 am eastern:

1. No, the one-to-one rule has not been stayed. Anyone who has told you otherwise is spreading misinformation and you should probably never talk to them again.
2. R.E.A.C.H. filed an emergency petition to stay the ruling for 60 days on Monday following President Trump’s inauguration. In my view this remains the most likely path to a delayed implementation of one-to-one. The NCLC predictably opposed the petition on Wednesday. R.E.A.C.H. replied yesterday and Queenie and I flew out to DC to try to see it through. More soon.
3. The long-shot IMC appeal may still yield a stay but that window appears to be closing. Usually courts will grant stays early in the shot clock if they intend to do so. A last minute stay seems nearly out of the question at this point, but the oral argument went so well that many people are still crossing their fingers. We’ll see soon enough.
4. There is a less known path that actually has a shot also. The Online Lenders Alliance filed a petition this month to reconsider and re-open the notice period on one-to-one citing concerns about the rule’s impact on small business. The petition is quite clever in that it tracks the Eleventh Circuit’s observations about a consumer’s right to consent. Ultimately it requests: “the commission open a new rule making to consider alternatives to the current “One-To-One Consent” provisions contained in the Targeting and Eliminating Unlawful Text Messages, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991 (CG Docket Nos. 02-278 and 21-402).”
5. The Supreme Court is also considering an issue related to the FCC’s power to enact TCPA rulings like one-to-one but it is extremely unlikely the Supremes will act between now and Monday. Still, that appeal is something for people to keep in mind because it could change how courts enforce one-to-one later this year.

So there you have it.

We are monitoring both the FCC and Eleventh Circuit Court of Appeals docket in real time. I should have some more direct information soon as well. Will share whatever I can.

No matter what happens, we all went down swinging if nothing else. I appreciate that. Hope you do too.