/>iAs previously blogged about in detail here, the TCPA rules on revoking consent for unwanted robocalls and robotexts becomes effective in April 2025.
Revocation of prior express consent for autodialed, prerecorded or artificial voice calls (and autodialed texts) must be permitted to be made by “any reasonable means.” Additionally, callers may not infringe on that right by designating an exclusive means to revoke consent that precludes the use of any other reasonable method.
Callers are required to honor do-not-call and consent revocation requests within a reasonable time not to exceed ten (10) business days of receipt of the request. Text message senders are limited to a one SMS text message confirming that no further text messages are to be transmitted. Such confirmation messages must be sent promptly following receipt of the opt-out request. The FCC will monitor compliance with this obligation to ensure that such requests are honored in a timely manner.
Importantly, when a consumer revokes robocall or robotext telemarketing consent under the Telephone Consumer Protection Act – unless a separate intent to opt-out therefrom is expressed – a caller may continue to reach the consumer if it is an exempt informational call. A revocation request in response to an exempt informational call shall be considered a request to opt-out of all non-emergency robocalls and robotexts.
Takeaway: Digital marketers should consult with an experienced FTC compliance and defense lawyer to discuss the scope of the new rule, the implementation of compliance strategies and training materials, how to ensure that revocation requests are honored, and the identification of non-regulated technologies.
