The Federal Communications Commission yesterday adopted new rules yesterday that aim to make it easier for consumers to opt out of receiving unwanted robocalls and robotexts, while also requiring callers and texters to implement opt-out requests in a timely manner.
What the order does:
- Codifies the Commission’s 2015 ruling that consumers can revoke consent under the TCPA through any reasonable means while providing additional clarification on what “reasonable” means in this context.
- Requires that robocallers and robotexters honor do-not-call and consent revocation requests as soon as practicable, and no longer than 10 business days from receipt.
- Codifies the Commission’s 2012 ruling which clarified 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 include any marketing information.
Companies that receive opt-out requests from consumers will have 10 business days to honor the cease communication requests and will be able to send a one-time text message confirming a consumer’s request that no further text messages be sent, as well as confirming that any revocation of consent only applies to those calls or texts for which consent is required under the TCPA.
When a consumer revokes consent, the FCC has ruled, it is not channel specific. This means that if a consumer revokes consent using a reply text message, then “consent is deemed revoked not only to further robotexts, but also robocalls from that party.” Revoking consent is an instruction that the consumer no longer wants to be contacted at his or her number, the FCC ruled.
