On March 5, 2024, the FCC published in the Federal Register the Report and Order and Further Notice of Proposed Rulemaking (“R&O” and “FNPRM” respectively) codifying certain consumer protections under the Telephone Consumer Protection Act (“TCPA”) and proposing to clarify that the TCPA applies to robocalls and robotexts from wireless providers to their own subscribers.
The rule codifying that a one-time text message confirming a customer’s request to revoke consent does not violate the TCPA/FCC rules (47 C.F.R. § 64.1200(a)(12)) is effective April 4, 2024. The remaining rules adopted in the Report and Order, including the requirement to honor all reasonable requests to opt-out of receiving a call governed by the TCPA (47 C.F.R. § 64.1200(a)(10)-(11)) and the requirement to comply with such opt-out requests within ten business days (47 C.F.R. § 64.1200(d)(3)), are delayed indefinitely to obtain OMB approval. Upon receiving OMB approval, the FCC will publish notice in the Federal Register of the effective date of these rules, which will be “six months following publication in the Federal Register of notice that OMB has completed any required review of the adopted rules.”
Comments on the FNPRM are due on or before April 4, 2024.
Reply comments on the FNPRM are due on or before April 19, 2024.
Paperwork Reduction Act comments on the FNPRM are due on or before May 6, 2024.
For additional information please see previous blog post FCC Releases Adopted TCPA R&O and FNPRM.
The FCC also released a Public Notice announcing the comment and reply comment dates.
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