On June 9th, the Federal Communications Commission (FCC) released a Notice of Proposed Rulemaking that seeks to codify certain rules related to revocation of consent to receive calls and texts under the Telephone Consumer Protection Act (TCPA), which currently does not provide consumers clear guidance on how to revoke consent.
This proposed rule would codify the following:
- A consumer can revoke consent by any reasonable means, including requests made by text, voicemail, or email to any telephone number or address at which the consumer can reasonably expect to reach the caller;
- 24 hour timeframe to honor company-specific do-not-call registration or revocation of consent;
- Permissibility of a one-time text to confirm revocation under the same conditions as the FCC’s prior Declaratory Rulings on the topic; and
- Revised exemptions for calls and texts from wireless carriers to add frequency limits and opt-out rights.
The FCC is seeking comments on the proposed rulemaking for 30 days after publication in the Federal Register. It is important to note that those who are subject to the TCPA can and should file comments on these significant issues. The FCC utilizes a “notice and comment” process which allows the public to comment on proposed rulemaking before the final rule issues. The FCC takes public comment into serious consideration during its rulemaking. Public comments can be further bolstered by including data or analysis in support. Submitting comments is fairly easy, however, drafting a helpful and persuasive comment is an art.
Mac Murray & Shuster LLP has significant experience assisting clients in the creation of valuable comments to the FCC and can answer any questions about the potential impact of the rulemaking – contact us for more information.
* Jennifer Tran contributed to this article.
A Partner at M&S, Josh advises clients on a range of proactive and responsive matters, helping them achieve their business goals while complying with federal and state privacy and other consumer protection laws.