Hello TCPAWorld it has been a while but I am back with some BIG news. Remember those revocation rules that made a stir at the beginning of the year

AND

HEADACHE: Taking a Closer Looks at the FCC’s New “Scope of Consent Revocation” Rules and Why They’re a Nightmare For Business

And while only one of the rules was published and took effect on April 4, 2024 all the rest of the rules were “delayed indefinitely”.

Then remember this

WHAT JUST HAPPENED TO THE NEW REVOCATION RULE: The FCC “Indefinitely Delays” the Majority Of The New Rules

That is until today, I noticed in the Public Inspection Documents, which is an email that gives a heads up on what is about to be published in the CFR, there was a notice that the FCC’s revocation rules that were initially delayed are in queue to be published. Now this typically can take a few days from notice to publication so keep that in mind. BUT this will be a big change to business practices as the Czar has already laid out in his blog linked above.

If you need a refresher:

1. Businesses will have 10 business days to honor revocation;
2. Any reasonable revocation to a marketing message will presumptively require all marketing messages to stop across all channels;
3. Any revocation to an informational message will presumptively require all messages to stop across all channels; and
4. Businesses can send a one time message to clarify scope of opt out for situations #2 and #3 above, but must be sent within five minutes of the opt out.

With this notice, the following will go into effect on April 11, 2025

•  64.1200

Delivery restrictions.

(a) * * *

(9) * * *

(i) * * *

(F) The package delivery company must offer package recipients the ability to opt out of receiving future delivery notification calls and messages and must honor an opt-out request within a reasonable time from the date such request is made, not to exceed six business days; and,

* * * * *

(10) A called party may revoke prior express consent, including prior express written consent, to receive calls or text messages made pursuant to paragraphs (a)(1) through (3) and (c)(2) of this section by using any reasonable method to clearly express a desire not to receive further calls or text messages from the caller or sender. Any revocation request made using an automated, interactive voice or key press-activated opt-out mechanism on a call; using the words “stop,” “quit,” “end,” “revoke,” “opt out,” “cancel,” or “unsubscribe” sent in reply to an incoming text message; or pursuant to a website or telephone number designated by the caller to process opt-out requests constitutes a reasonable means per se to revoke consent. If a called party uses any such method to revoke consent, that consent is considered definitively revoked and the caller may not send additional robocalls and robotexts. If a reply to an incoming text message uses words other than “stop,” “quit,” “end,” “revoke,” “opt out,” “cancel,” or “unsubscribe,” the caller must treat that reply text as a valid revocation request if a reasonable person would understand those words to have conveyed a request to revoke consent. Should the text initiator choose to use a texting protocol that does not allow reply texts, it must provide a clear and conspicuous disclosure on each text to the consumer that two-way texting is not available due to technical limitations of the texting protocol, and clearly and conspicuously provide on each text reasonable alternative ways to revoke consent. All requests to revoke prior express consent or prior express written consent made in any reasonable manner must be honored within a reasonable time not to exceed ten business days from receipt of such request. Callers or senders of text messages covered by paragraphs (a)(1) through (3) and (c)(2) of this section may not designate an exclusive means to request revocation of consent.

(11) The use of any other means to revoke consent not listed in paragraph (a)(10) of this section, such as a voicemail or email to any telephone number or email address intended to reach the caller, creates a rebuttable presumption that the consumer has revoked consent when the called party satisfies their obligation to produce evidence that such a request has been made, absent evidence to the contrary. In those circumstances, a totality of circumstances analysis will determine whether the caller can demonstrate that a request to revoke consent has not been conveyed in a reasonable manner.

* * * * *

(d) * * *

(3) Recording, disclosure of do-not-call requests. If a person or entity making an artificial or prerecorded-voice telephone call pursuant to an exemption under paragraphs (a)(3)(ii) through (v) of this section or any call for telemarketing purposes (or on whose behalf such a call is made) receives a request from a residential telephone subscriber not to receive calls from that person or entity, the person or entity must record the request and place the subscriber’s name, if provided, and telephone number on the do-not-call list at the time the request is made. Persons or entities making such calls (or on whose behalf such calls are made) must honor a residential subscriber’s do-not-call request within a reasonable time from the date such request is made. This period may not exceed ten (10) business days from the receipt of such request. If such requests are recorded or maintained by a party other than the person or entity on whose behalf the call is made, the person or entity on whose behalf the call is made will be liable for any failures to honor the do-not-call request. A person or entity making an artificial or prerecorded-voice telephone call pursuant to an exemption under paragraphs (a)(3)(ii) through (v) or any call for telemarketing purposes must obtain a consumer’s prior express permission to share or forward the consumer’s request not to be called to a party other than the person or entity on whose behalf a call is made or an affiliated entity.

* * * * *

Check out the Final Rules HERE

If you attended LCOC then you may recall Queenie and AC from Drips breaking down ways to comply with these requirements, because we knew these rules were not going to lay down forever and it was only a matter of time before they were going to pop back up, just in time for spooky season to scare us all. You may also recall hearing about Drips’ “Disqualified by Drips” which could be a necessary tool come April of 2025!

More to come!