On February 15, 2024, the Federal Communications Commission (FCC) adopted the draft Report and Order and Further Notice of Proposed Rulemaking containing new rules that would enhance consumer protection against unwanted robocalls and robotexts. The rules will simplify the process for consumers to revoke consent and mandate timely compliance from robocallers and robotexters.
The Telephone Consumer Protection Act (TCPA) mandates consent for robocalls and robotexts, empowering consumers to control their communication preferences. The updated rules require prompt acknowledgment of do-not-call and consent revocation requests, with a maximum response time of 10 business days.
This action codifies the FCC’s 2015 ruling permitting consumers to revoke consent via reasonable means and incorporates the 2012 ruling allowing one-time confirmation texts for opt-out requests without marketing content.
Furthermore, in its Notice of Proposed Rulemaking, the FCC is soliciting input on whether the TCPA should encompass robocalls and robotexts from wireless providers to their subscribers or provide an option for such consumers to revoke their consent.
The new rules (with some exceptions) will go into effect 30 days after publication in the Federal Register. Comments to the Notice of Proposed Rulemaking will be due 30 days after publication in the Federal Register and reply comments will be due 45 days after publication in the Federal Register.
The CommLaw Group Can Help!
Given the complexity and evolving nature of the FCC’s rules, regulations and industry policies & procedures around Robocall/Robotext Mitigation and Compliance issues (e.g., STIR/SHAKEN, TRACED Act, FCC & FTC Rules & Regulations, US Telecom Industry group, ATIS, NECA, VoIP Numbering Waivers, Know Your Upstream Provider and the private sector ecosystem), as well as the increased risk of business disputes, consumer protection enforcement by state attorneys general, and even civil litigation, and anticipating the potential torrent of client questions and concerns, The CommLaw Group formed a “Robocall Mitigation Response Team” to help clients (old and new) tackle their unique responsibilities.
CONTACT US NOW, WE ARE STANDING BY TO GUIDE YOUR COMPANY’S COMPLIANCE EFFORTS
Jonathan S. Marashlian – Tel: 703-714-1313 / E-mail: jsm@CommLawGroup.com
Michael Donahue — Tel: 703-714-1319 / E-mail: mpd@CommLawGroup.com
Rob Jackson – Tel: 703-714-1316 / E-mail: rhj@CommLawGroup.com
Ron Quirk – Tel: 703-714-1305 / E-mail: req@CommLawGroup.com
Diana James – Tel: 703-663-6757 / E-mail: daj@CommLawGroup.com
