On February 15, 2024, the Federal Communications Commission (FCC) announced new rules that significantly impact how consumers can revoke their prior express consent (PEC) to receive calls and texts under the Telephone Consumer Protection Act (TCPA), as well as the period in which telemarketers must honor a consumer’s Do-Not-Call (DNC) request.

Prior express consent (PEC) is required for marketing calls and texts to cellular numbers and numbers listed on the National DNC Registry, unless an exemption applies. The FCC’s new rules clarify that consumers have the right to revoke PEC for autodialed or prerecorded calls and autodialed texts in any reasonable manner that clearly expresses a desire not to receive further communications. Callers cannot designate an exclusive means to revoke consent that precludes other reasonable methods.

Additionally, the new rules specify a standardized list of words that may be used in a reply text message to revoke consent, such as “stop,” “quit,” “end,” and others, which must be honored as a reasonable means to opt out. Senders cannot require consumers to use specific words or phrases not included in the list to revoke consent.

The rules also address confirmation texts sent in response to consumer opt-out requests. A one-time confirmation text is permitted as long as it only confirms the opt-out request and does not include any marketing or promotional information. If the confirmation text is sent within five minutes of receipt, it is presumed to fall within the prior express consent previously provided by the consumer.

These new rules aim to provide consumers with more flexibility and control over the communications they receive, while also ensuring that companies comply with TCPA regulations. CallShaper clients should review their procedures and systems to comply with these new requirements and ensure they continue to provide a positive customer experience while respecting consumers’ privacy preferences.

Have questions about compliance? CallShaper can help! Contact us today with your questions or concerns.