In the wake of the decision vacating the Federal Communications Commission’s (“FCC”) 1:1 consent rule, companies must not lose sight of the fact that the FCC’s Telephone Consumer Protection Act (“TCPA”) consent revocation rule remains intact and is effective April 11, 2025. Below, we discuss the FCC’s TCPA consent revocation rule in further detail.
New Rules Governing TCPA Consent Revocation
In February 2024, the FCC adopted rules allowing consumers to, among other things: (1) revoke consent to the receipt of robocalls and texts in any reasonable manner; (2) require that callers and text senders honor do-not-call and consent revocation requests within ten (10) days of receipt of said requests; and (3) limit text senders to a one-time text message confirming consumer requests that no further text messages be sent. By adopting a “reasonable manner” approach to consent revocation, the FCC explicitly rejected the notion that callers and text senders may designate a specific method for consumers to revoke consent to receive automated telemarketing calls and/or texts. The FCC also adopted a standardized list of specific words that may be used to revoke consent via a reply text message.
Prior to the adoption of the FCC’s consent revocation rule, callers were required to honor consent revocation and do-not-call requests within a reasonable period of time, not to exceed thirty (30) days from the date of request. Beginning April 11, 2025, callers must honor consent revocation and do-not-call requests within ten (10) days of receiving the requests. In support of shortening this timeframe, the FCC cited technological advances which made processing do-not-call and text consent revocation requests more efficient. Fortunately, the FCC listened to commenter concerns and revised the 24-hour timeframe it had initially proposed for honoring these requests.
The FCC’s TCPA consent revocation rule also makes clear that a one-time text message confirming a consumer’s request that no further calls or text messages be sent does not violate the TCPA or the FCC’s implementing rules. However, the confirmatory text message may not include any marketing or promotional information. In some instances, consumers consent to receive several categories of text messages. In these situations, the one-time confirmation text may request clarification concerning the scope of the consumer’s consent revocation. Importantly, if a consumer does not reply to the confirmation text, the caller/texter must treat the consumer’s silence as equivalent to the revocation of consent for all automated commercial telemarketing calls and texts.
Consent Revocation Compliance Going Forward
It is important to note that the FCC’s consent revocation rule applies only to commercial calls and text messages for which consent is required under the TCPA. Informational communications, such as fraud alerts from a consumer’s banking institution, are exempt from the consent revocation rule. However, if a consumer revokes consent directly in response to an exempted informational call or text, then this constitutes a global revocation of consent, and all further non-emergency robocalls and robotexts must stop.
This article is not intended to be an all-inclusive discussion of the FCC’s TCPA consent revocation rule. As such, companies would be wise to retain experienced counsel for guidance in this nuanced area, fraught with potential regulatory landmines. 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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