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FCC Publishes Only A Portion Of Rules Strengthening Customer’s Ability To Stop Robocalls That Are Effective April 4, 2024, But What About the Rest of the Rules?
The Federal Communications Commission (Commission) adopts new rules and codifies previously adopted protections that make it simpler for consumers to revoke consent to unwanted robocalls and robotexts while requiring that callers and texters honor these requests in a timely manner. Specifically, the Commission adopts rules to make clear that revocation of consent can be made in any reasonable manner, require that callers honor do-not-call and consent revocation requests within a reasonable time not to exceed ten business days of receipt, and limit text senders to a one-time text message confirming a consumer’s request that no further text messages be sent under the Telephone Consumer Protection Act (TCPA).
Specifically, 64.1200 (a)(12) requires – A one-time text message confirming a request to revoke consent from receiving any further calls or text messages does not violate paragraphs (a)(1) and (2) of this section as long as the confirmation text merely confirms the text recipient’s revocation request and does not include any marketing or promotional information and is the only additional message sent to the called party after receipt of the revocation request. If the confirmation text is sent within five minutes of receipt, it will be presumed to fall within the consumer’s prior express consent. If it takes longer, however, the sender will have to make a showing that such delay was reasonable. To the extent that the text recipient has consented to several categories of text messages from the text sender, the confirmation message may request clarification as to whether the revocation request was meant to encompass all such messages; the sender must cease all further texts for which consent is required absent further clarification that the recipient wishes to continue to receive certain text messages.
However, all the other major changes that were proposed around the 10-business day period appear to be delayed. Specifically, Amendatory instruction 2 (adding 47 CFR 64.1200(a)(12)) is effective April 4, 2024, and amendatory instruction 3 (revising 47 CFR 64.1200(a)(9)(i)(F) and (d)(3) and adding 47 CFR 64.1200(a)(10) and (11)) iS DELAYED INDEFINITELY. The Federal Communications Commission will publish a document in the Federal Register announcing the effective date. We will keep you posted of further developments.
The published final rule will be effective April 4, 2024, and will apply to the rules around the one-time text confirming the revocation request. This text cannot contain marketing, can seek clarification on categories, and should be sent within 5 minutes of the revocation request. Remember, no response is a response, if a consumer does not respond to the confirmation text you must opt the consumer out of all calls and texts.
Federal Register
Federal Register
CG Docket No. 02-278
FCC 24-24
FR ID 205127
2024-04587
