FCC proposed rules to allow consumers to revoke consent to robocalls and texts.
Notice of proposed rulemaking (NPRM) will close loopholes that allow certain callers to make robocalls and texts without consent and without the consumer opt-out options.
Chairwoman Rosenworcel issued a statement in support of the proposed rulemaking.
Follows Mar. 2023 FCC Further notice of proposed rulemaking (FNPRM) for comment on rules and regulations to implement the Telephone consumer protection act, #166576.
Background
Telephone consumer protection act (TCPA) (47 USC 227) does not define prior express consent or provide guidance on how consumers may provide/revoke robocall consent.
Proposal initiates a proceeding to clarify and strengthen consumers' ability to revoke consent to receive robocalls and texts; clarified callers' obligations to honor requests.
Rule Provisions
Revocation of consent may not require use of specific words or burdensome methods.
Callers are required to honor company-specific Do-not-call (DNC) and revocation-of-consent requests within a reasonable time period, not to exceed 24 hours of receipt.
Also, codified the soundbite declaratory ruling decision that consumers only need to revoke consent once to stop getting all robocalls and robotexts from a specific entity.
Senders may include a request for clarification in the one-time confirmation text.
Any such clarification message must not contain any marketing or advertising content.
Allowed wireless consumers to stop robocalls, texts from their own wireless provider.
Wireless providers must honor customers’ requests to cease auto-dialed, prerecorded voice, artificial voice calls, and auto-dialed texts; provided requirement exceptions.
Consultation
Comments due 30 days after fed reg publication; reply comments due 45 days after.
Rosenworcel Remarks
Rosenworcel stated that new tools are needed to curb these robocalls and robotexts.
Provided 3 ways additional authority from Congress could aid in curbing calls/texts.
Recent Supreme Court's decision in Facebook v. Duguid narrowed the definition of autodialer; made it harder for FCC to ensure protections cover new uses of technology.
The agency needs clear authority to access Bank secrecy act (BSA) (13 USC 5311) data in order to help identify more quickly the financial records of our calling targets.
Allow FCC to try and collect fines imposed against bad actors responsible for violations.
Jun. 29, 2023 FCC Fed Reg
On Jun. 29, 2023, FCC published proposed consumer consent rule in federal register.
Comments on the proposal are due Jul. 31, 2023; reply comments by Aug. 14, 2023.
Feb. 2024 FCC Rule Adoption
On Feb. 16, 2024, FCC adopted rule to allow consumers to stop robocalls and text.
Effective 30 days after publication in the federal register, except for amendments to s. 64.1200(a)(9)(i)(F) and 64.1200(d)(3), 47 CFR 64.1200(a)(9)(i)(F) and (d)(3).
As well as new sections 64.1200(a)(10), and 64.1200(a)(11), 47 CFR 64.1200(a)(10) and (a)(11); effective date for these sections to be announced in federal register.
In Feb. 2024, FCC proposal on wireless provider robotext/call consent, see #201549.
Mar. 2024 Fed Reg Final Rule
On Mar. 5, 2024, FCC published final rule in federal register, effective Apr. 4, 2024.
Specified that the amendatory instruction 3 (revising 47 CFR 64.1200(a)(9)(i)(F) and (d)(3) and adding 47 CFR 64.1200(a)(10) and (11)) is delayed indefinitely.
Oct. 2024 FCC Fed Reg Final Rule
On Oct. 11, 2024, FCC published final rule and effective dates adopted in TCPA order.
FCC concluded to implement 6 months after federal register publication, Apr. 11, 2025.
