In 2024, the Federal Communications Commission (FCC) adopted new rules aimed at simplifying the process for consumers to revoke consent for robocalls and robotexts. These updates were outlined 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 are scheduled to become effective on April 11, 2025:
- 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.”
- 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 disclose this fact clearly and conspicuously and provide reasonable alternative ways to revoke consent on each text.
- All consumer requests to revoke prior express consent must be honored no later than ten (10) business days of the request.
- 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.
It is not yet clear if the new rules will be stayed before taking effect (for example, under the FCC’s recent “Delete! Delete! Delete!” initiative), so we recommend that companies prepare for the rules’ implementation by the April 11, 2025, deadline.
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
Susan Duarte – Tel: 703-714-1318 / E-mail: sfd@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
