The approved order affirms consumers’ ability to revoke consent to communications while updating the time companies have to honor their requests. ACA will provide more detail and compliance resources for members when the final order is released.
02/15/2024 2:10 P.M.
2.5 minute read
The Federal Communications Commission approved its report and order (PDF) on consumers’ rights to revoke consent for calls and text messages Thursday, reflecting industry stakeholders’ comments that companies should have more time to complete a consumer’s request, including a significant, successful push for the change by ACA International and its trade association coalition partners.
The report and order as proposed would:
- Codify the commission’s 2015 ruling that consumers can revoke consent under the Telephone Consumer Protection Act through any reasonable means while providing additional clarification on what “reasonable” means in this context.
- Require that “robocallers” and “robotexters” honor do-not-call and consent revocation requests as soon as practicable, and no longer than 10 business days from receipt.
- Codify the commission’s 2012 ruling, which clarified that a one-time text message confirming a consumer’s request that no further text messages be sent does not violate the TCPA as long as the confirmation text merely confirms the called party’s opt-out request and does not include any marketing information.
ACA will review the text of the final order when it is released to provide details to members on the requirements and compliance schedule.
In advance of the FCC’s meeting to consider the report and order, ACA and its trade association coalition partners and Brownstein Hyatt Farber Schreck LLP connected with each commissioner’s office and their staff in Washington, D.C., on recommendations to address concerns and recommendations on consumer consent options and company responses, ACA previously reported.
Along with the report and order, the FCC approved adopting a further notice of proposed rulemaking to clarify and seek comment on whether the TCPA applies to robocalls and robotexts from wireless providers to their own subscribers.
And for the first time, the FCC is proposing to give such consumers the ability to stop these communications, if they wish, by revoking consent.
On the Feb. 28 ACA Huddle, ACA will provide updates for members on the actions at the FCC’S Feb. 15 meeting and our advocacy efforts with coalition partners to make improvements to the proposal as well as perspective on federal legislation to expand the definition of “robocall” to include text messages.
Join Leah Dempsey, shareholder at Brownstein Hyatt Farber Schreck LLP, and Matthew Arentsen and Michael Pryor from the firm on the Feb. 28 ACA Huddle webinar to hear the latest on the FCC and TCPA and resources for your business.
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