FCC narrows consent-revocation rules for informational robocalls and seeks comment on further changes
On September 30, the Federal Communications Commission (FCC) adopted a report and order and further notice of proposed rulemaking revising its Telephone Consumer Protection Act (TCPA) consent-revocation rules. The order allows callers to treat an opt-out made in response to an informational robocall (one with no advertising or telemarketing) as applying only to that category of calls, rather than to all robocalls from the caller. The commission concluded that the “revoke all” approach could cut off wanted messages, such as fraud alerts. Opt-outs from telemarketing or advertising calls still revoke consent for all such calls from that caller. The order also lets callers designate an exclusive revocation method from one or more of three methods: (i) an automated voice or key-press mechanism; (ii) a reply text using a standardized word such as “stop”; or (iii) a caller-designated website or phone number. Callers must clearly and conspicuously disclose the designated method, though a text may list just one standardized word if the sender honors all seven standardized words. Callers that do not designate a method must still honor requests made by any reasonable means. In addition, the order amends the fraud alert exemption for financial institutions to cover wireless numbers obtained from a “reliable source,” such as an authorized family member, not only numbers the customer provided. The amendments take effect 30 days after Federal Register publication and supersede the January 31, 2027, delayed effective date for the “revoke all” provision. The FCC will announce the specific date by public notice.
The further notice seeks comment on additional changes, including: (i) shortening the 10-business-day deadline for honoring revocations; (ii) requiring two-way texting; (iii) conditioning category-specific revocation on offering a “revoke all” option; and (iv) clarifying how consent applies to affiliates and separate business lines. The commission also delegated authority to its Consumer and Governmental Affairs Bureau to review the robocall rules for plain-language revisions, excluding substantive changes. Comments are due 30 days, and reply comments 60 days, after Federal Register publication.