The proposed rule seeks to strengthen consumers’ ability to revoke previous consent and adds requirements for callers to respond to consumers’ requests.
06/30/2023 12:25 P.M.
2 minute read
Comments on a new proposed rule from the Federal Communications Commission that would extend consumers’ rights to revoke consent they previously gave to receive robocalls and robotexts are due July 31, according to a notice in the Federal Register.
The proposed rule also seeks to clarify callers’ obligations to honor consumers’ requests.
The proposed rule approved at the FCC’s June 8 commission meeting codifies its 2015 Telephone Consumer Protection Act ruling “confirming that consumers who have provided prior express consent to receive autodialed or prerecorded voice calls may revoke such consent through any reasonable means,” according to a news release (PDF).
The proposed rule would also close a loophole that allows some callers to make robocalls and send robotexts without a consumer’s consent or ability to opt out, according to the FCC.
Consumers would be able to revoke their consent to receive the calls or messages in any reasonable manner including using words such as “stop,” “revoke,” “end,” or “opt out.”
The FCC proposes that entities making the calls or sending texts abide by the consumers’ revoke consent requests within 24 hours of receiving the request. This would apply to wireless providers that receive requests from customers to stop robocalls and texts.
With the proposed rule, the FCC seeks comments on the proposals as well as the costs and benefits, including for small businesses and consumers.
Callers are asked to provide feedback on whether they have experienced any challenges complying with consumers’ requests to revoke consent through any reasonable method.
The FCC is also seeking comments on whether callers have had specific issues or circumstances it should address in the proposed rule to clarify what makes a revocation request reasonable for a consumer and a caller.
Commenters are also asked to provide feedback on whether the FCC has found an appropriate balance between consumers’ privacy and “facilitating the caller’s ability to process opt-out requests.”
Callers have the opportunity to share if there are any common situations where they are unable to process consumers’ opt-out requests and how the FCC could address those situations without placing a burden on consumers.
According to a client alert from Brownstein Hyatt Farber Schreck, “the failure to honor opt-out or revocation requests are a common source of TCPA litigation. Companies may wish to review these proposals closely and assess their ability to comply, particularly with the proposal to honor revocation requests within 24 hours of receipt.”
Following the July 31 comment deadline, reply comments on the proposed rule are due Aug. 14, 2023.
To submit comments online, select “Submit a Filing” on the FCC’s electronic comment filing system and identify comments under CG Docket No. 02–278.
Remember, subscribe to ACA Daily and Member Alerts under your My ACA profile when logged in to acainternational.org to receive updates on the ACA Huddle.