Jeffrey M. Stefan II of Varnum LLP writes:
The Telephone Consumer Protection Act (TCPA), enacted in 1991, protects consumers from unwanted telemarketing calls, robocalls, and texts.
On January 27, 2025, the Federal Communications Commission’s (FCC) new consent rule for robocalls and robotexts will take effect. The FCC aims to close the “lead generator loophole” by requiring marketers to obtain “one-to-one” consumer consent to receive telemarketing texts and auto-dialed calls. While the rule primarily targets lead generators, it could affect any business that relies on consumer consent for such communications or purchases leads from third parties.
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And here’s the part consumers will especially want to be aware of:
Another change takes effect on April 11, 2025, when the FCC’s new consent revocation rules for robocalls and robotexts are implemented. These rules allow consumers to revoke prior consent through any reasonable method, and marketers may not designate an exclusive means for revocation. Reasonable methods include replying “stop,” “quit” or similar terms to incoming texts, using automated voice or opt-out replies, or submitting a message through a website provided by the caller.
Read more at The National Law Review.
DataBreaches contacted the FCC to ask about the consequences to a covered entity that does not honor the “STOP” or “QUIT” consent revocation or opt-out after 10 days. Who should consumers contact with a complaint, and what can happen to the entity as a result?
Richard Smith of the FCC responded helpfully:
If someone believes that a caller has violated the FCC’s Telephone Consumer Protection Act (TCPA)-related rules, they can file a complaint with the FCC at https://consumercomplaints.fcc.gov/hc/en-us/requests/new?ticket_form_id=39744.
In addition, the TCPA permits individuals to file private right of action lawsuits in the courts for TCPA violations. Note that the 10-day rule that you mention does not become effective until April ’25. The current rule allows for up to 30 days to process opt-out requests.
Hopefully that answers your questions, but more information can be found at: https://www.fcc.gov/consumers/guides/stop-unwanted-robocalls-and-texts.
FCC rules (47 CFR 64.1200): https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200.