On February 16, 2024, the Federal Communications Commission (FCC) released the TCPA Consent Order adopting various rules governing consumers’ ability to revoke consent to receive certain communications, including that when consent to receive one type of communication is revoked, that revocation applies to all future communications even on unrelated matters unless exempted. The rule was scheduled to take effect on April 11, 2025; however, on April 7, 2025, the FCC found good cause, and that it is in the public interest, to delay application of this portion of the rule until April 11, 2026.
The FCC concluded that delaying application of the rule will allow affected parties a reasonable opportunity to implement modifications to process revocations in accordance with the rule in a cost-effective manner, and that absent a delay various companies would incur significant hardship in the expenditure of resources to ensure compliance. The FCC also recognized Parties’ contentions that complying with the rule would require substantial work for larger institutions with many business units and separate calling systems, and smaller businesses would also face numerous challenges as modification of their systems often requires manual modifications. Additionally, callers often outsource communications with customers to third parties, which requires coordination to ensure that all communications stop upon receipt of a revocation request.
Importantly, the FCC noted in closing, “[w]e emphasize that this waiver extends only to section 64.1200(a)(10) to the extent discussed” in the Order and “does not otherwise delay the effective date of the other rules adopted by the TCPA Consent Order,” such as that consumers may revoke consent to receive certain communications “by any reasonable manner that clearly expresses a desire not to receive further calls or text messages,” that using the words “stop,” “quit,” “end,” “revoke,” “opt out,” “cancel,” and “unsubscribe” in response to a text message are per se reasonable and that called parties will not be precluded from revoking consent using other terms and phrases.
A copy of the Order can be accessed by clicking here.
PartnerJoshua Threadcraft is a trial and class action attorney in Burr & Forman’s Financial Services Practice Group with more than two decades of experience, including serving as first chair counsel in bench and jury trials and ...
