The Federal Communications Commission (FCC) recently issued a Report and Order issuing new rules under the Telephone Consumer Protection Act (TCPA) aimed at strengthening consumer rights to stop receiving calls and text messages. These rules bring significant changes and strengthen a consumer’s ability to revoke consent in a timely manner.

In this blog, we'll explore the key aspects of these regulations and learn how enterprises can adapt to both maintain compliance and deliver effective communication.

“Understanding the rules on revoking consent is central to TCPA compliance and enterprises should take the FCC’s recent decision to highlight certain opt-out terms very seriously. It is crucial now more than ever before that enterprises or their service providers are able to interpret opt-out signals correctly and be able to understand consumers’ responses intelligently and accurately.”

— Puja J. Amin, Partner, Troutman Amin LLP

What Are The New TCPA Consent Rules?

These rules change a number of things and should be considered carefully with your counsel on how they impact your organization as a whole.

More bluntly, the new rules affect enterprises in three key areas:

1. Enterprises must now allow consumers to revoke consent in any reasonable manner.
2. Enterprises may now allow the use of a one-time text message to confirm or clarify scope of opt-out, as long as it does not include any marketing information.
3. Connectivity across enterprise data and preference management is table stakes.

Revoking Consent In Any Reasonable Manner

One of the core elements of the new FCC rules is the clarification that consumers can revoke consent to receive communications in any reasonable manner. This means that enterprises must be prepared to honor revocation requests promptly and efficiently.

Drips, a leader in Conversations as a Service (CaaS), is already equipped to handle this requirement seamlessly. Our AI-powered platform utilizes natural language processing (NLP) to recognize a wide range of revocation expressions beyond traditional keywords like "STOP" or "CANCEL." By categorizing responses into tiers based on explicitness and intent, we empower enterprises to manage revocation requests effectively and minimize brand liability.

Drips clients can leverage Disqualified by Drips, built off the back of over 1.5 billion conversations. This NLP service leverages a proprietary database of double-blind, hand-approved “hot” terms to easily recognize the many ways a user can ask to be removed from a campaign. More to come in the coming months on the availability of Disqualified by Drips for all your outreach programs.

Use Of One-Time Text Message To Confirm Or Clarify Scope Of Opt-Out

The FCC rules permit the use of a one-time text message to confirm or clarify the scope of an opt-out request within five minutes. Drips leverages this allowance through conversational consent clarification, enabling personalized interactions to understand the specific preferences of consumers.

By engaging in dialogue to clarify consent scope, enterprises can reduce global opt-outs and tailor communications to individual preferences. Through rigorous split testing and optimization, Drips assists clients in minimizing opt-outs while enhancing customer engagement and satisfaction.

Connectivity Across Enterprise Data And Preference Management

Seamless connectivity across enterprise systems is essential for compliance with FCC regulations. Enterprises must ensure access to accurate and up-to-date data, including do-not-call (DNC) and opt-out preferences. What’s more, this data needs to be integrated with CRM and ERP systems.

Drips’ open API integrations and partnerships with industry leaders like Possible Now help facilitate data synchronization and preference management. By bridging communication silos and streamlining data exchange, enterprises can navigate the complexities of compliance while delivering personalized and relevant messaging across diverse consumer segments.

Drips: Effective Outreach With TCPA Compliance In Mind

The new FCC rules on consent revocation represent yet another change in consumer protection regulations, requiring enterprises to adapt their communication strategies accordingly. Embracing technologies like Drips’ Conversations as a Service (CaaS) and prioritizing data connectivity and preference management can help meet these new challenges. With CaaS, enterprises can not only strive toward compliance with regulatory mandates, but also enhance customer experiences and foster long-term relationships.

Drips stands ready to support enterprises on this journey, empowering them to navigate regulatory challenges while driving business growth through effective and responsible communication practices.

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Disclaimer: This blog and all information contained in it are for educational and informational purposes only. Neither Drips nor any of the writers in this blog are law firms or attorneys, and nothing herein should be construed as or relied on as legal advice. Drips and the authors herein disclaim any obligations relating to the timeliness or accuracy of the information contained here. No warranties should be implied. Although intended to be current and accurate, regulations and court rulings, as well as interpretations of the same, are always changing and we recommend consulting with your own counsel.