Although originally adopted on February 16, 2024, the Federal Communications Commission again has decided to delay the effective date of its opt-out regulation until January 31, 2027. We discuss the reasoning for the most recent delay below.
TCPA Opt-Out Regulation Delayed, Again
Slated to go into effect on April 11, 2025, the FCC’s opt-out rule amended the Telephone Consumer Protection Act’s (“TCPA”) implementing regulations to require callers to treat opt-out requests in response to one type of message as applicable to all future calls/texts (“Opt-Out Regulation”). After delaying the effective date to April 11, 2026, on October 7, 2025, the FCC solicited comments concerning, among other things, whether it should modify the Opt-Out Regulation “to give consumers more control over their right to stop unwanted calls.” In response to implementation challenges cited by both consumer advocacy groups and financial institutions, the FCC found good cause to further delay the Opt-Out Regulation’s effective date until January 31, 2027.
TCPA Opt-Out Regulation in Limbo
Given this latest delay, it is very possible that the Opt-Out Regulation will look vastly different (if not eliminated outright) once it becomes effective; and we will keep you apprised of any and all developments. As it stands, however, the Opt-Out Regulation will go into effect on January 31, 2027, and companies need to prepare accordingly.
The attorneys at Klein Moynihan Turco regularly: (1) advise clients on federal and state telemarketing law compliance; and (2) defend companies named as defendants in TCPA lawsuits.
If you need assistance with updating your telemarketing practices and procedures or have been sued for violating the TCPA, email us at info@kleinmoynihan.com or call us at (212) 246-0900.
The material contained herein is provided for informational purposes only and is not legal advice nor is it a substitute for seeking legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.
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Photo by Mohammad Ramezanalizadeh on Unsplash
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