The Federal Communications Commission is poised to expand its rules for blocking robocalls and junk texts at its June meeting, giving consumers more choice in deciding which types of calls and texts they receive, while also closing “loopholes” that allow callers to make robocalls and send robotexts without consent and without giving consumers the ability to opt out.
The FCC on Thursday issued a Notice of Proposed Rulemaking — available by clicking here — that seeks to codify guidance that the regulator has issued in the past on prior express consent, required when sending messages using an automated telephone dialing system, and make the “requirements more apparent to callers and consumers,” the FCC said.
The FCC is scheduled to meet next on June 8.
Under the NPRM, consumers would not have to use specific words or “burdensome” methods to revoke consent to be contacted, and callers would have 24 hours to begin honoring do-not-call requests. Consumers would only have to ask once to stop getting all robocalls and robotexts from a specific entity.
The FCC is also seeking to clarify that a one-time text message confirming a consumer’s request that no further text messages be sent does not violate the TCPA as long as the confirmation text merely confirms the called party’s opt-out request and does not included any marketing or promotional information, and the text is the only additional message send to the called party after receipt of the opt-out request. Senders can include a request for clarification in the one-time confirmation text, provided the sender ceases all further calls and texts absent an affirmative response from the consumer that he or she wishes to receive further communications. A lack of response must be treated as a revocation of consent, the FCC said.
