2024 TCPA Consent Rule Changes Overview
In February 2024, the Federal Communications Commission (FCC) adopted new consumer protections under the TCPA. The goal of the changes is to make it easier for consumers to revoke consent for unwanted robocalls and automated texts. Organizations need to adapt quickly to ensure their processes can comply with these rules.
Here are three key TCPA changes that organizations need to consider.
- Consumers can revoke consent in any reasonable manner.
- After an opt-out, organizations are limited to exactly one text message to confirm the request.
- Callers must honor do-not-call (DNC) and consent revocation requests within reasonable time (10 business days).
This information is also available as a visual and easy-to-share infographic.
Revoke Consent in Any Reasonable Manner
Many current texting platforms prompt consumers to opt out using a specific keyword, like “STOP.” With this new ruling, simple approaches like including “Text Stop 2 end” in your SMS messages may not be enough.
In the recent FCC Order, it was clarified that text senders must accept certain keywords as a reasonable way for people to revoke their consent. These words are:
- Stop
- Quit
- End
- Revoke
- Opt out
- Cancel
- Unsubscribe
However, while these keywords must be accepted, the FCC did not say that these are the only opt-out methods businesses need to worry about. In fact, they were clear that this is not the case. If a consumer attempts to opt out by saying, “no more texts!” or ”I’m not Mary,” it is a best practice to accept those messages as opt-outs as well.
Read more about reasonable TCPA opt-outs and how enterprises can solve this challenge.
One Chance to Clarify Opt-Outs
Organizations may send one text to confirm that the consumer has revoked consent. If the consumer opted into multiple categories of text message, you could use this message to seek clarification on the scope of the opt-out. In other words, you can ask if the consumer wants to stop all contact or just some campaigns.
You need to hurry, though. The FCC stated that this confirmation text must be sent within just five minutes of the opt-out request. That means any automation technology used to send these texts must be fast and well-integrated.
Honor Requests within 10 Business Days
No matter how a consumer opts out — SMS, phone, email, or other channels — enterprises must honor the TCPA consent revocation request within 10 business days. That means the consumer’s consent status and contact preferences must be processed quickly and need to reflect across all relevant systems.
In order to accomplish this, enterprises may need to audit data and software systems connected to outreach campaigns. If one component of the system doesn’t get updated data quickly enough, there is a chance that a consumer could be sent a non-compliant message or call after they’ve already opted out.
What Are the Risks?
TCPA violations can result in penalties of $500-$1,500 per violation. For organizations contacting thousands of consumers daily, a lapse in compliance could add up to major fine totals.
Note that there is no cap on total penalty for TCPA violations. The largest TCPA damages ever awarded totaled $925 million!
Key Takeaways about TCPA Consent Revocation
To sum up some key TCPA consent action items from the FCC’s Order:
- Unpredictable opt-out language from consumers opens the door for potential TCPA violations.
- Confirmation texts give enterprises a chance to turn global opt-outs into partial ones.
- When it comes to contact preference and opt-out data, seamless integration is a must for TCPA compliance. Organizations should assess the data systems and API functionality of all software used in engaging their audiences.
Your Partner in Outbound Compliance Management
Fast-changing regulations continue to be a major challenge for enterprises looking to reach their audiences. That’s why Drips helps clients Keep It Safe by staying on top of regulatory changes and offering proprietary compliance technology. Best of all, we take a managed service approach, so your organization is never alone when it comes to safe, effective outreach.
If you’re ready to get ahead of the game with TCPA compliance, get in touch with Drips today.
Disclaimer: This document and all information contained in it are for educational and informational purposes only. Neither Drips nor any of the writers of this document 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.
