In February 2024, the FCC adopted new rules under the Telephone Consumer Protection Act (TCPA) that prescribe how a caller or text sender must process customer requests to opt out of future automated communications. These rules will take effect on April 11, 2025 and will apply to calls and texts where consent of the call or text recipient is required. Generally, these rules:
- Codify the FCC’s previous pronouncements that a consumer may revoke consent to receive robocalls and robotexts by any reasonable means, and that a caller or text sender is not permitted to designate an exclusive means by which a consumer can opt out of automated communications.
- Establish that a caller or text sender must honor a consumer’s revocation of consent to receive future robocalls and robotexts within a reasonable period of time, not to exceed 10 days.
- Clarify when a consumer’s revocation of consent to receive future robocalls and robotexts may be presumed by the consumer’s actions taken in response to an automated communication.
- Identify specific words and phrases that a consumer may use to definitively revoke consent to receive future robotexts from a particular text sender.
- Require text senders to disclose when two-way text capability is not available as a means for a text recipient to opt out of future robotexts.
- Set forth parameters whereby a text sender may seek to clarify the scope of a consumer's request not to receive future robotexts.
For more information about the FCC’s new rules, or if you need general TCPA compliance assistance, contact an attorney in our Privacy, Data Protection, and Cybersecurity Practice Group
