FCC’s New Robocall/Robotext Consumer Consent Revocation Rules Will Go into Force on April 11, 2025; A Note on Consent to Political Robocalls and Robotexts

1. New Revocation of Consent Rules Go Into Force on April 11, 2025

The Federal Communications Commission (FCC) has announced the effective date of its new rules simplifying the process for consumers to revoke consent set forth in its Report and Order And Further Notice of Proposed Rulemaking titled “Strengthening the Ability of Consumers To Stop Robocalls.”

As mentioned in our prior client advisory, with these new rules, the FCC codified its 2015 ruling permitting consumers to revoke consent via reasonable means and incorporated the 2012 ruling allowing one-time confirmation texts for opt-out requests without marketing content.

The following rules will become effective on April 11, 2025:

1. 1. The rule allowing consumers to revoke prior express consent to receive robocalls or robotext by using “any reasonable method to clearly express a desire not to receive further calls or text messages.”
      • The rules specify that such reasonable methods include interacting with an automated voice or using a key press-activated opt-out mechanism on a call; replying to a robotexts with a text that reasonably shows that the consumer does not want to receive more robotexts (using any words); accessing a form on a website or calling a phone number designated by the caller. 
      • If the consumer uses other means to revoke consent not listed above, such as a voicemail or email, there is a rebuttable presumption that the consumer has revoked consent when the called party satisfies their obligation to produce evidence that such a request has been made, absent evidence to the contrary. 
      • Robocallers or robotexters may not designate an exclusive means to revoke consent that precludes the use of any other reasonable method.
      • If replies to robotexts are not technically enabled by the robotexter, the robotexter must provide a clear and conspicuous disclosure of that fact and provide reasonable alternative ways to revoke consent on each text. 
      • All such requests to revoke prior express consent must be honored no later than ten (10) business days of the request.
   2. The rule requiring that package delivery companies offer package recipients the ability to opt out of receiving future delivery notification calls and messages and honor an opt-out request no later than six business days of the request.
2. A Note on Consent to Political Robocalls and Robotexts

As we approach a high-stakes presidential election, political campaigns are intensifying their outreach efforts. This surge in political calls and texts requires a clear understanding of obligations under the Telephone Consumer Protection Act (TCPA) for campaigners, vendors, and supporting platforms.

TCPA Applicability to Political Calls

Contrary to common belief, political robocalls and robotexts are not exempt from the TCPA. The act restricts political calls and texts using an Automatic Telephone Dialing System (ATDS) or prerecorded messages:

1. To cellphones – calls and texts are prohibited absent prior express consent from the called party. This is different from a prior express written consent required for similarly carried out telemarketing communications under the TCPA; and
2. To residential landlines – calls do not require prior express consent, but artificial or prerecorded voice messages must include certain identification information at the beginning, calls must be limited to three per consecutive 30-day periods, and callers must honor requests to opt out of future calls.

Additionally, all political calls and texts must comply with state telemarketing laws.

Prior Express Consent (PEC) to Political Robocalls/Robotexts

PEC is granted when a person knowingly releases their phone number as a means of being called, and the subsequent call is closely related to the purpose for which consent was given. Political callers must obtain phone numbers directly from the called party and maintain proof of PEC for every call made. Importantly, providing a phone number for voter registration or to a political party does not grant consent to individual campaigns or political callers.

Compliance Guidelines

To ensure TCPA compliance, political campaigns should:

• Consider using manual dialing (volunteer-driven calls) when possible.
• Verify the source of calling lists and obtain proof of consent before using autodialers or prerecorded messages to cell phones.
• Maintain records of PEC for all calls requiring it.
• Honor requests to revoke consent, which can be made at any time through any reasonable means.
• Include required disclosures in prerecorded messages, such as the calling party’s name and telephone number.
• Be aware of state-specific restrictions on political calls.
• While scrubbing against the Do Not Call Registry is not required for political calls, adhering to these guidelines is recommended.

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