FCC changes robocall consent rules

The FCC adopted new rules making it simpler for consumers to revoke consent to receive robocalls and robotexts. Let’s have a look.

Report and Order

The new rules build upon the TCPA (Telephone Consumer Protection Act). Here’s what’s new:

• Consumers can revoke consent in “any reasonable way.”
  • Callers cannot provide only one way to accept consent revocations while excluding other reasonable methods.
• Callers must honor revocation of consent within a reasonable time frame not to exceed 10 days.
• Revocation of consent to receive text messages can be acknowledged with a text message to confirm.
• Revocation of consent only applies to telemarketing communications covered by the TCPA.
  • Callers/texters can continue to send informational calls and messages not covered by the TCPA.

Further Notice

The Commission also issued a Further Notice of Proposed Rulemaking (FNPRM) to consider whether the TCPA applies to robocalls and robotexts from wireless providers to their own subscribers. Currently, wireless providers are exempt from the TCPA consent requirements for robocalls and robocalls they send to their subscribers with no charge to the subscriber.

In this FNPRM, the Commission proposes that wireless subscribers be able to revoke consent for TCPA-covered calls from their wireless provider, as they can with any other calling party.

Comments will be due 30 days after publication in the Federal Register. Reply comments will be due 45 days after publication.

More information

• News release
• Report and Order in CG Docket No. 02-278

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