FCC announces new rules to combat unwanted robocalls and robotexts

The Federal Communications Commission (FCC) has announced a new set of rules designed to strengthen consumer protections against unwanted robocalls and robotexts, with a specific focus on simplifying the process for revoking consent. These rules, part of the Telephone Consumer Protection Act (TCPA) Consent Order, will become effective on April 11, 2025.

This decision follows a comprehensive review process which began on February 15, 2024, when the FCC adopted the TCPA Consent Order. The Office of Management and Budget (OMB) concluded its review of the necessary information collection requirements on September 26, 2024. Subsequently, on October 11, 2024, the FCC announced in the Federal Register that compliance with the new rules is mandatory by the set date in April.

Under the updated TCPA rules, the FCC has made significant strides in ensuring consumer control over telemarketing calls and texts. Consumers can revoke their prior express consent for unwanted autodialed, artificial, or prerecorded voice calls and texts through any reasonable means. Importantly, telemarketers and call providers must accommodate these requests without imposing restrictive methods that limit consumer options.

The regulations stipulate that do-not-call and consent revocation requests must be processed within a ten-business-day timeframe. This timely response requirement is designed to address consumer complaints about delays in implementing opt-out requests. Additionally, after receiving a revocation request, senders of text messages are limited to sending a one-time confirmation text, which must be prompt to be valid within the original consent parameters.

The revisions also clarify that revocation of consent specifically applies to calls and texts requiring consent, thus excluding any communications arising under recognized exemptions. To ensure compliance, telemarketing entities are advised to seek detailed legal consultation to fully understand the scope and implications of each rule, especially regarding revocation for different communication purposes.

Furthermore, the FCC has proposed new rules requiring distinct disclosure when artificial intelligence (AI) is utilised in voice calls. However, organizations such as America’s Credit Unions have raised concerns, suggesting that requiring an additional layer of consent for AI-generated calls may lead to consumer confusion. The existing TCPA framework already mandates consent for artificial or prerecorded voice calls, encompassing those generated by AI.

The organisations argue that adding further consent requirements for AI-generated calls might hinder beneficial uses, such as fraud alerts and medical appointment reminders. They suggest that any potential misuse of AI technology in telemarketing could instead be addressed with narrowly focused rules rather than broad disclosure requirements. Additionally, they urge that AI-generated texts should not be regulated at this time due to their generally non-deceptive nature.

These updates by the FCC mark a progressive step in addressing the pervasive issue of unwanted robocalls and robotexts, while also recognising the evolving landscape of communication technologies. As both consumers and businesses make adjustments in response to these changes, the emphasis remains on enhancing consumer empowerment and industry compliance within the evolving regulatory framework.

Source: Noah Wire Services