The Federal Communications Commission (FCC) has partially retreated from its 2024 TCPA "revoke all" consent rule, which mandated that any reasonable method to revoke consent for robocalls or robotexts definitively revoked consent for all such communications. Following pressure from consumer groups and financial institutions, the FCC sought modifications to the rule, leading to the following key changes in its October 1 Report and Order:
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Designation of Exclusive Means of Consent Revocation
Callers can now designate one of three exclusive methods to revoke consent:
- Automated opt-out mechanisms (e.g., voice or key press-activated)
- Use of specific words ("stop," "quit," "revoke," etc.)
- Incoming text messages or designated websites/phone numbers.
Callers must clearly disclose the chosen method.
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Informational Calls/Texts
Consent revocation for informational robocalls (non-telemarketing) will now apply only to the specific category of calls, not all robocalls. For example, revoking consent for account balance alerts will not affect fraud alerts. This relaxation does not alter existing opt-out methods for exempted calls or telemarketing.
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Telemarketing Robocalls Status Quo
The "revoke all" rule remains in effect for telemarketing calls containing advertisements, as revocation requests with ads or telemarketing content will revoke consent for all future such calls from that caller. Additionally, a residential subscriber’s do-not-call request applies to affiliated entities if reasonably expected.
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Other FCC Actions
- Financial institutions may now use wireless numbers obtained from reliable sources (e.g., family members, direct customer calls, or records from other institutions) for exempted communications.
- The Consumer and Governmental Affairs Bureau will review TCPA rules, which are described as "lengthy and dense," though no substantive changes are expected.
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Potential Further Substantive Changes
The FCC seeks comments on additional revisions, including:
- Shortening the timeframe for honoring revocation requests (currently 10 business days, proposed to 7).
- Eliminating the provision allowing one-way texting (no return texting option).
- Revisiting the "revoke all" method, including whether it should be automated or require caller-provided methods for all message types.
- Clarifying TCPA consent and revocation provisions for entities operating through separate affiliates, lines of business, or divisions.
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Effective and Comment Dates
The Report and Order provisions will become effective 30 days after publication in the Federal Register, with initial and reply comment periods of 30 and 60 days, respectively.
Key Takeaway: The FCC has relaxed the "revoke all" rule for informational robocalls but maintained stricter enforcement for telemarketing, while seeking further input to adapt TCPA rules to evolving technology and industry practices. Additional tightening of revocation timing and elimination of one-way texting may be considered.
