Effective April 11, 2025, new rules from the Federal Communications Commission (FCC) under the Telephone Consumer Protection Act (TCPA) will go into effect, bringing significant changes to how businesses must manage consumer consent for robocalls and automated text messages. These are not minor updates. For any organization that uses these communication tools, whether directly or through third-party vendors, it is critical to review and update compliance protocols ahead of the deadline.
What’s Changing?
The FCC’s updated rules clarify and expand consumers’ rights to revoke consent. Flexibility and speed are central to the new requirements. Businesses can no longer control how consumers opt out. Instead, ‘any reasonable attempt’ by a consumer to withdraw consent, such as replying ‘STOP,’ leaving a voicemail, sending an email, or speaking with a representative, must be honored.
At a glance, revocations must be accepted through a variety of channels, and they must be processed within 10 business days. Requiring a specific method, like a web form or written request, is not permitted. Additionally, if a business uses a system that cannot receive responses (such as one-way SMS short codes), it must clearly disclose that limitation and provide an alternative method for opting out.
How to Stay Compliant?
Recognizing Common Opt-Out Keywords: Businesses must treat keywords like ‘STOP,’ ‘CANCEL,’ or ‘UNSUBSCRIBE’ as valid opt-out requests automatically and without delay. Equivalent terms in other languages may also qualify, depending on the context.
Honoring Broad Revocations: If a consumer revokes consent in response to an informational message such as a fraud alert or delivery notice, the revocation may apply to all future communications, including marketing. If there is any doubt, businesses are expected to err on the side of stopping outreach.
Cross-Channel Awareness: Opt-out requests are not limited to automated systems. They may be submitted through voicemail, email, or customer support. Businesses must ensure that all departments are trained to recognize and act on these requests promptly.
No Restriction on Methods: Companies may not require opt-outs to be submitted through a specific method. If a consumer’s request is reasonable, it must be accepted. The burden of proving otherwise falls on the sender.
Clarification Messages (One Time Only): Businesses may send a one-time, non-promotional confirmation within 5 minutes of receiving an opt-out request. This message can ask the consumer to clarify whether they wish to stop receiving all communications or only certain types. If no response is received, the business must cease all communications.
Don’t Overlook These Details
Cross-Format Revocations Apply: A single revocation applies to both robocalls and robotexts, regardless of the medium through which the consumer made the request.
Exempted Messages Still Require Attention: Under current exemptions, certain informational messages may not require consent. However, if a consumer opts out in response to one of these messages, the sender must stop those communications unless new consent is obtained.
Vendor Liability: Businesses remain responsible for the actions of their third-party vendors or platforms. Compliance obligations cannot be outsourced.
Texting and the Do-Not-Call Registry: As of March 26, 2024, the protections of the National Do-Not-Call Registry have been extended to marketing text messages. Sending such texts to registered numbers now requires prior express invitation or permission.
Recordkeeping and Staff Training: All opt-out requests should be documented and retained for at least four years. Staff across all departments should be trained to recognize and process revocation requests received through any communication channel.
Preparing for Compliance
The FCC adopted these rules in early 2024, but they officially take effect on April 11, 2025, following federal approval and publication. It is aimed at giving consumers greater control over how they are contacted. The FCC has made it clear: organizations must treat consent as dynamic, revocable, and respected across all communication channels. Now is the time to audit outbound communications, update internal protocols, and ensure third-party vendors are aligned with these new requirements.
What Can Consumers Do?
Reply with opt-out keywords: Under the new rules, simply responding with terms like “STOP,” “UNSUBSCRIBE,” or “CANCEL” should stop future messages.
Register with the National Do Not Call List: Add their number at http://www.donotcall.gov to reduce telemarketing calls.
Report violations: File complaints with the FCC at consumercomplaints.fcc.gov if opt-out requests are ignored.
Consequences of Non-Compliance
While the FCC’s Order focuses on compliance obligations, the underlying statute, the Telephone Consumer Protection Act (47 U.S.C. § 227), provides for civil damages.
Violation of the TCPA may make businesses liable for:
- Up to $500 per unauthorized call or text
- If the violation is found to be willful or knowing, damages can increase to as much as $1,500 per violation.
These statutory amounts apply per message, meaning even a modest number of infractions can result in substantial exposure.
If your organization needs help assessing risk or implementing these changes, our team is available to guide you through the transition. Please contact Rudy Verner, Jacob Scarr, or Andrew Fischer.
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Sources and Link to FCC Documents:
FCC, TCPA Consent Order, FCC 24-24, CG Docket No. 02-278 (Feb. 16, 2024)
FCC, Public Notice on Effective Date, DA 24-1068 (Oct. 11, 2024)
FCC, Small Entity Compliance Guide, DA 24-910 (Sept. 10, 2024)
BCLP, The TCPA’s New Opt-Out Rules Take Effect on April 11, 2025(Mar. 18, 2025).