FCC Addresses Robocall and Text Messaging Consent
Posted by [email protected] on Mar. 19, 2024 / Subscribe 0
FCC Addresses Robocall and Text Messaging Consent
By Trent Cotney
Whether you are a business owner who relies on robocalls and text messaging to market your services or you are a consumer who is growing tired of all those calls and texts, you may be interested in recent action from the Federal Communications Commission (FCC).
At its open meeting on February 19, the FCC adopted several changes and clarifications to the Telephone Consumer Protection Act (TCPA) rules. These actions are intended to support consumers who no longer want to receive texts and robocalls after initially consenting to them. The FCC created its Report and Order and Further Notice of Proposed Rulemaking to simplify consent revocation requests, and it requires companies to honor those requests promptly.
Highlights of the FCC Report
The agency produced a comprehensive report with the following explanation:
In this Order, we clarify and strengthen consumers’ rights under the TCPA to grant and revoke consent to receive robocalls and robotexts. Specifically, we adopt rules to: 1) make clearer that revocation of consent can be made in any reasonable manner; 2) require that callers honor do-not-call and consent revocation requests within a reasonable time not to exceed 10 business days of receipt; 3) limit text senders to a one-time text message confirming a consumer’s request that no further text messages be sent, as well as confirming that any revocation of consent applies only to those robocalls and robotexts for which consent is required under the TCPA.
The FCC report covers these and other critical components:
· Revoking Consent in Any Reasonable Way: Consumers are allowed to revoke prior consent for robocalls and autodialed texts in “any reasonable manner” that clearly indicates a desire to no longer receive such calls or texts.
· FCC Approved Reasonable Methods: Examples of reasonable methods include interactive voice, automated, or keyed opt-out activations, such as “stop” as a reply to a text message.
· Specific Revocation Words: FCC notes that the words “stop,” “end,” “quit,” “cancel,” “revoke,” “opt-out,” and “unsubscribe” as replies to messages are reasonable methods. Consumers may use other phrases and words, but that might prompt the texting party to consider those options not to be “reasonable.” In such cases, a court or the FCC would rely on a “totality of the circumstances” to analyze the particular situation.
· Reasonable Alternatives: If texters do not allow reply texts, they must disclose that in their texts and provide reasonable means, such as a website link or phone number, for consumers to revoke consent.
· Timeframes for Honoring Requests: Companies that call and text are required to honor revocation and do-not-call requests in a reasonable amount of time, “not to exceed 10 business days after receipt of the request.” The FCC will monitor compliance with this requirement.
· Confirmation Text Messages: Companies are allowed one-time text messages to confirm a consumer’s consent revocation request. However, such messages cannot contain marketing information and must be sent within five minutes of the request. That text can also include a request for clarification about what types of messages the consumer no longer wants to receive, including all communications from the sender. If this consumer does not reply to that clarification request, the sender must consider the lack of response to indicate that consent for all further communication is revoked.
Effective Date and Additional Considerations
The new rules take effect 30 days after the report is published in the Federal Register.
In addition, two other issues are under review: 1) whether wireless providers can continue to contact their own customers with robocalls and robotexts, and 2) whether all calls with artificial or prerecorded voices should include an automated opt-out feature.
Final Thoughts
These new guidelines could change the landscape for companies that rely on automated calls and texts. If you are unsure how these rules will impact your business, do not hesitate to consult legal counsel. An experienced attorney can review your practices and help you take steps to be compliant.
The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
Trent Cotney is a partner and Construction Practice Group Leader at the law firm of Adams and Reese LLP and URCA General Counsel. For more information, you can contact Trent at 866.303.5868 or [email protected].
0 Comments