In a recent piece, we discussed a draft Notice of Proposed Rulemaking (“NPRM”) from the Federal Communications Commission (“FCC”) that could drastically alter the telemarketing law landscape. Within that same NPRM, the FCC also proposes modifying a Telephone Consumer Protection Act (“TCPA”) regulation relating to telemarketing consent revocation. Below, we discuss two key NPRM proposals which may affect future telemarketing consent rules and compliance.
Telemarketing Consent Rule Delayed Indefinitely?
As our readers are aware, the effective date of the telemarketing consent revocation rule requiring, among other things, that callers apply consumers’ consent revocations to all future automated calls and texts was delayed until April 11, 2026 (“Telemarketing Consent Rule”). Now, however, the FCC is considering getting rid of the Telemarketing Consent Rule altogether. One proposal in the NPRM suggests deleting the requirement “that a caller must treat an opt-out request made in response to one type of call to be an opt-out request for all types of calls . . . .” Alternatively, the proposal considers modifying this requirement to give consumers greater control over unsolicited or unwanted calls. Also buried within the NPRM is another proposal to amend the Telemarketing Consent Rule to allow callers to designate the means by which consumers may revoke prior express consent. Currently, the regulation permits consumers to revoke consent using any “reasonable means.” This proposal, if adopted, would remove the ambiguous reasonable means standard from the regulation.
What Do These Telemarketing Consent Rule Proposals Mean for Your Business?
As it stands, the Telemarketing Consent Rule remains scheduled to become effective on April 11, 2026. Beginning on the effective date, companies that receive a “stop” message in response to any informational message must cease sending consumers any automatic informational or marketing messages. Obviously, this is problematic, and one can envision a litany of scenarios in which consumers might not receive wanted informational messages (e.g., fraud alerts, prescription refill notifications, school closures, etc.).
As the FCC just released the NPRM earlier this month, it is still in its nascent stages and must go through the comment period before the proposals may be formally adopted. However, the NPRM illustrates that the FCC is cognizant of the problems with the Telemarketing Consent Rule and is receptive to dialing back the regulation. Whether the proposed changes to the Telemarketing Consent Rule ultimately are enacted remains to be seen, but we will keep you apprised of any and all developments.
The attorneys at Klein Moynihan Turco regularly: (1) advise clients on telemarketing law compliance; and (2) defend companies against TCPA class action 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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