What You Need to Know
The Federal Communications Commission (FCC) made an important update to its enforcement of the Telephone Consumer Protection Act (TCPA) with the adoption of its “Revocation of Consent” ruling. Set to take effect on April 11, 2025, the Order strengthens the ability of consumers to opt-out of unwanted calls and text messages from businesses by codifying certain opt-out rules. The TCPA applies to robocalls and robotexts sent using an ATDS. This Revocation Rule allows consumers to revoke their consent to receive robocalls and robotexts at any time and through “any reasonable means.”
Yesterday, those businesses sending messaging through multiple communication channels and campaign types received some good news. On April 7, in response to a Waiver Request from several associations of banks and financial institutions asking that implementation be delayed due to the hardship in preparing their systems to comply with the new rule, the FCC granted a limited waiver. The FCC found that good cause existed to justify a one-year delay of Section 64.1200(a)(10) of the rules to the extent that it requires callers to apply a request to revoke consent made in response to one type of message to all future robocalls and robotexts from that caller on unrelated matters. (See: FCC Order)
Key Provisions of the FCC Revocation Order
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- Applicability
- Applies to “robocalls and robotexts” (autodialed) and prerecorded voice calls and texts for which consent is required.
- Message Senders Must Accept “Reasonable” Consent Revocations
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Consumers can revoke their consent to receive robocalls or robotexts using “any reasonable manner”.
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Mandatory opt-out keywords are “stop,” “quit,” “end,” “revoke,” “opt-out,” “cancel,” and “unsubscribe.” These are per se a reasonable means of revoking consent (such as a reply text that says “stop”).
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A caller must treat a reply text as a valid revocation request if a reasonable person would understand the words to have conveyed a request to revoke consent.
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If the message sender uses a system that does not allow reply texts, they must provide a disclosure on an alternative, reasonable method for consent revocation must be provided, such as a phone number, website link or other instructions.
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- No Exclusive Methods for Revocation
- Businesses cannot require consumers to use a specific method to revoke consent. In other words, if a consumer opts out using any reasonable means (such as a simple text response or through a website), that request must be honored.
- Businesses Must Act Quickly to Comply
- Once a revocation request is made, businesses must honor it within 10 business days.
- Applicability
Next Steps
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- Review Your Current Systems: Are your systems and processes set up to handle revocation requests effectively?
- 10-Business Days: Ensure that any reasonable revocation of consent requests is accounted for and your subscriber list updated accordingly.
- Opt-Out Confirmation: Message senders are required by the CTIA to send one opt-out confirmation message. These must contain the Brand or Program name, and confirmation that the subscriber is opted out of additional messages from that Campaign. These may not include any promotional content. This message may ask a clarifying question as to the scope of the opt-out request.
SBT’s FinText platform is not an ATDS. However, A2P message senders should still seek to obtain proper consent before sending text messages and follow these new opt-out policy changes to minimize risk and ensure compliance with applicable wireless carrier requirements and best practices.
Note: This blog is for informational purposes and does not constitute legal advice. Always consult with a compliance expert or legal counsel experienced in your industry to ensure compliance with these new regulations.
For more details, you can read the full FCC Orders here:
SBT customers can learn more about how the FinText platform already meets this new requirement by visiting: https://go.solutionsbytext.com/knowledge/fcc-revocation-order
