I woke up so excited today to attend the 2024 Arizona Summit with the team. They are right here in my own backyard in sunny AZ. So much fun and so many laughs, the best time really. If you are not here you are missing out not only on the fun but all of the latest and greatest around the TCPA, and there is a lot.

I was also excited to pop open my email and check the Federal Register to see what was published today, I was waiting for the FCC’s Final Rule around revocation to be published. After all that hubbub around revocation, they only published ONE part as a Final Rule and the rest of the report and order has been “delayed indefinitely”. What does that mean??

The published final rule will be effective April 4, 2024, and will apply to the rules around the one-time text confirming the revocation request. This text cannot contain marketing, can seek clarification on categories, and should be sent within 5 minutes of the revocation request. Keep in mind no response is a response, if a consumer does not respond to the confirmation text you must opt the consumer out of all calls and texts.

All the other major changes that were proposed around the 10 business day time frame and reasonable means were DELAYED INDEFINITELY, we will have to wait and see if and when they get published.

Here is the portion of the final rule that was published today, effective 4/4/2024:

• 64.1200 (a)(12) A one-time text message confirming a request to revoke consent from receiving any further calls or text messages does not violate paragraphs (a)(1) and (2) of this section as long as the confirmation text merely confirms the text recipient’s revocation request and does not include any marketing or promotional information, and is the only additional message sent to the called party after receipt of the revocation request. If the confirmation text is sent within five minutes of receipt, it will be presumed to fall within the consumer’s prior express consent. If it takes longer, however, the sender will have to make a showing that such delay was reasonable. To the extent that the text recipient has consented to several categories of text messages from the text sender, the confirmation message may request clarification as to whether the revocation request was meant to encompass all such messages; the sender must cease all further texts for which consent is required absent further clarification that the recipient wishes to continue to receive certain text messages.

We will continue to stay on top of these ongoing changes and bring you the breaking news!

Read the published Final Rule HERE.