Compliance deadline for new robocall consent rules

The compliance date has been set for some of the new consent rules adopted by the FCC for robocalls and robotexts. Let’s have a look.

Report and Order

The following rules are effective April 4, 2024:

  • A one-time text messaging confirming consent revocation does not violate the rules if it does not include any marketing or promotional information.
  • If the confirmation text is sent more than five minutes after consent revocation, the sender will have to make a showing that the delay was reasonable.
  • If the text recipient had consented to several categories of text messages, the confirmation message may request clarification whether the revocation was meant to encompass all categories.
    • If the recipient does not respond to limit the scope of his/her revocation, then the sender must cease all further texts for which consent is required.

Paperwork Reduction Act review

The following rules are delayed indefinitely pending review by the Office of Management and Budget (OMB) for the Paperwork Reduction Act (PPA):

  • A called party may revoke prior express consent using any reasonable method.
  • If an entity making calls that require consent receives consent revocation, then the calling entity must record the consent revocation request and put the subscriber’s name (if available) and telephone number on a Do-Not-Call list within a reasonable time not to exceed 10 days.
    • The calling entity must obtain a consumer’s prior express permission to share or forward their consent revocation request to another entity.

Compliance dates for these rules will be announced in the Federal Register after the completion of PPA review by the OMB.

Further Notice of Proposed Rulemaking

In related news, the Commission asked for comments on the following proposed rules:

  • Do the TCPA consent requirements apply to wireless providers when they send robocalls and robotexts to their own subscribers?
  • Can wireless subscribers revoke such consent?
  • Must wireless carriers provide an automated opt-out mechanism on every call that uses an artificial or prerecorded voice?

Comments are due on or before April 4, 2024, and reply comments are due on or before April 19, 2024. Filings must reference CG Docket No. 02–278, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991.

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