Following its open meeting last month during which it considered a variety of anti-robocall tools and strategies, the Federal Communications Commission has proposed new rules to clarify and strengthen consumers’ ability to revoke consent to receive robocalls and robotexts.

In a Notice of Proposed Rulemaking, the FCC seeks to codify its past guidance on prior express consent under the Telephone Consumer Protection Act and close loopholes that allow certain callers to make robocalls and robotexts without consent and without the ability for the consumer to opt out.  Specifically, among other things, the FCC proposes to:

  • ensure that revocation of consent does not require the use of specific words or burdensome methods.  It would make clear that consumers may revoke consent in any reasonable manner that clearly expresses a desire not to receive further calls or texts, including using words such as “stop,” “revoke,” “end,” or “opt out,” and that callers may not infringe on that right by designating an exclusive means of revocation.

  • require that callers honor do-not-call and consent revocation requests within a reasonable time, not to exceed 24 hours of receipt.

  • codify its previous ruling that a one-time text message confirming a consumer’s opt-out request does not violate the TCPA or the Commission’s rules as long as the text merely confirms the called party’s opt-out request and does not include any marketing or promotional information, and the text is the only additional message sent to the called party after receipt of the opt-out request.  

  • allow wireless consumers the option to stop robocalls and robotexts from their own wireless service provider.

The FCC seeks comment on these proposals and their costs and benefits, including for smaller businesses and consumers.  Some questions posed for consideration: Have callers encountered any difficulties in complying with longstanding precedent that consumers can revoke consent via any reasonable method?  Is the 24-hour timeframe for honoring a do-not-call or revocation request reasonable, or should the FCC instead require some other timeframe?  Are further conditions needed for calls from a wireless service provider to its subscribers?  Comments will be due 30 days after publication in the Federal Register.