FCC Could Shorten Time to Honor Opt-Out Requests

On June 8, 2023, the FCC released a Notice of Proposed Rulemaking which would strengthen a consumer’s rights to revoke consent to unwanted calls or texts. Specifically, the NRPM would:

• Require package delivery companies to offer recipients of delivery notifications, the ability to opt-out, and those requests must be honored immediately
• Allow consumers to revoke consent by any reasonable means, including via text message, voicemail, or email
• Require companies to honor revocation-of-consent and/or Do Not Call requests within 24 hours of receiving the request
• Narrow the exemptions allowed to wireless carriers when calling/texting their current customers

An earlier Declaratory Ruling that included the ability to send a one-time opt-out confirmation text was later struck down by the D.C. Circuit Court.  This new NPRM also reintroduces the ability to send a one-time opt-out confirmation text to the consumer to confirm receipt of their STOP request.  Additionally, if a consumer receives more than one category of text messages from the sender, the confirmation text may inquire which category/categories of text messages the consumer would like to continue to receive.

The FCC will be seeking comments on the proposed rulemaking for 30 days after publication in the Federal Register. This rule could significantly affect how consumers can revoke consent and create further restrictions on companies to respond to these revocations within 24 hours.

CompliancePoint has a suite of services designed to help organizations maintain compliance with the TCPA, TSR, and other marketing regulations. Contact us at connect@compliancepoint.com to learn how we can help your organization.