New FCC Regulation: One-Time Text Confirmation for Consent Revocation Effective April 8, 2024

On Behalf of | Mar 8, 2024 | TCPA

Recently the FCC1 announced that, effective April 8, 2024, an entity is allowed to send a one-time, follow-up text message confirming its receipt of a person’s revocation of consent.

Under the TCPA, certain prohibited calls and texts are allowed when the called person previously consented to receiving such calls. (See, e.g., prohibiting calls to residential telephone lines, containing prerecorded messages, unless the called party consented). A person is free to revoke his or her consent at any time.

Per a recent amendment to the FCC’s TCPA-implementing regulations, 47 C.F.R. § 64.1200, once a person revokes his or her previously provided consent, the relevant entity can send a one-time text message confirming its receipt of that consent revocation. If the person revoking his or her consent had consented to receive several categories of texts, then the relevant entity can include in its one-time confirmation text a request for clarification as to which categories of texts the person’s consent revocation applies. After sending that one-time confirmation text that includes a clarification request, the entity cannot send any other texts that require consent until the person provides such clarification. The entity, until it receives clarification, must treat the consent revocation as though it applies to all categories of texts.

The following are additional restrictions regarding the one-time confirmation text to be aware of:

(1) It cannot contain any marketing or promotional information.
(2) It is presumed not to violate the TCPA if it is sent within 5 minutes of receipt of the consent revocation.
(3) If it is sent more than 5 minutes after receipt of the consent revocation, the text will be considered a TCPA violation unless the sender can show that the delay was reasonable. The longer the delay, the more difficult it will be to show reasonableness.

For more information or for a consultation, contact us using the form below or call 703-485-3535 for Tysons Corner, VA or 804-441-8440 for Richmond, VA.

  1. 47 U.S.C. §§ 227(b)(1)(a)(iii) and 227(b)(1)(b)