Telemarketing Consent Revocation Rule News – Advertising, Marketing & Branding
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In a recent piece, we discussed a draft Notice of Proposed Rulemaking
(“NPRM”) from the Federal Communications Commission
(“FCC”) that could drastically alter the telemarketing
law landscape. Within that same NPRM, the FCC also proposes
modifying a Telephone Consumer Protection Act (“TCPA”)
regulation relating to telemarketing consent revocation. Below, we
discuss two key NPRM proposals which may affect future
telemarketing consent rules and compliance.
Telemarketing Consent Rule Delayed Indefinitely?
As our readers are aware, the effective date of the telemarketing
consent revocation rule requiring, among other things, that callers
apply consumers’ consent revocations to all future automated
calls and texts was delayed until April 11, 2026
(“Telemarketing Consent Rule”). Now, however, the FCC is
considering getting rid of the Telemarketing Consent Rule
altogether. One proposal in the NPRM suggests deleting the
requirement “that a caller must treat an opt-out request made
in response to one type of call to be an opt-out request for
all types of calls . . . .” Alternatively, the
proposal considers modifying this requirement to give consumers
greater control over unsolicited or unwanted calls. Also buried
within the NPRM is another proposal to amend the Telemarketing
Consent Rule to allow callers to designate the means by which
consumers may revoke prior express consent. Currently, the regulation permits consumers to revoke consent
using any “reasonable means.” This proposal, if adopted,
would remove the ambiguous reasonable means standard from the
regulation.
What Do These Telemarketing Consent Rule Proposals Mean for
Your Business?
As it stands, the Telemarketing Consent Rule remains scheduled
to become effective on April 11, 2026. Beginning on the effective
date, companies that receive a “stop” message in response
to any informational message must cease sending consumers
any automatic informational or marketing
messages. Obviously, this is problematic, and one can envision a
litany of scenarios in which consumers might not receive
wanted informational messages
(e.g., fraud alerts, prescription refill notifications,
school closures, etc.).
As the FCC just released the NPRM earlier this month, it is
still in its nascent stages and must go through the comment period
before the proposals may be formally adopted. However, the NPRM
illustrates that the FCC is cognizant of the problems with the
Telemarketing Consent Rule and is receptive to dialing back the
regulation. Whether the proposed changes to the Telemarketing
Consent Rule ultimately are enacted remains to be seen, but we will
keep you apprised of any and all developments.
The attorneys at Klein Moynihan Turco regularly: (1) advise
clients on telemarketing law compliance; and (2) defend companies
against TCPA class action lawsuits.
Similar Blog Posts:
FCC’s TCPA Consent Revocation Rule Effective
April 11, 2025!
What Constitutes A TCPA Solicitation?
Be Aggressive in Defending TCPA Lawsuits!
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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