TCPA Revocation of Consent Rule Effective April 2025

February 26, 2025 / Richard B. Newman

As previously blogged about in detail here and here, the TCPA rules on revoking consent for unwanted robocalls and robotexts becomes effective in April 2025.

Revocation of prior express consent for autodialed, prerecorded or artificial voice calls (and autodialed texts) must be permitted to be made by “any reasonable means.”  Additionally, callers may not infringe on that right by designating an exclusive means to revoke consent that precludes the use of any other reasonable method.

Callers are required to honor do-not-call and consent revocation requests within a reasonable time not to exceed ten (10) business days of receipt of the request.  Text message senders are limited to a one SMS text message confirming that no further text messages are to be transmitted.  Such confirmation messages must be sent promptly following receipt of the opt-out request.  The FCC will monitor compliance with this obligation to ensure that such requests are honored in a timely manner.

Importantly, when a consumer revokes robocall or robotext telemarketing consent under the Telephone Consumer Protection Act – unless a separate intent to opt-out therefrom is expressed – a caller may continue to reach the consumer if it is an exempt informational call.  A revocation request in response to an exempt informational call shall be considered a request to opt-out of all non-emergency robocalls and robotexts.

Takeaway: Digital marketers should consult with an experienced FTC compliance and defense lawyer to discuss the scope of the new rule, the implementation of compliance strategies and training materials, how to ensure that revocation requests are honored, and the identification of non-regulated technologies.

Richard B. Newman is an FTC advertising practices attorney at Hinch Newman LLP. Follow FTC defense attorney on National Law Review.

Informational purposes only. Not legal advice. This article is not intended to and should not be construed as legal advice. May be considered attorney advertising.

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Richard B. Newman

Richard B. Newman is a nationally recognized FTC advertising compliance, CID investigation and regulatory enforcemetn attorney. He regularly provides advertising counsel and represents clients in high-profile investigations and enforcement proceedings initiated by the Federal Trade Commission, state attorneys general, departments of consumer affairs, and other federal and state agencies with jurisdiction over advertising and marketing practices. Richard is also an ecommerce lawyer and spam defense attorney. His practice additionally focuses upon false advertising defense, data privacy, cybersquatting, intellectual property law and transactional matters relating to the dissemination of national advertising campaigns, including the gamut of affiliate marketing, telemarketing, lead generation, list management and licensing agreements. Richard advises clients on how to minimize the legal risks associated with digital marketing, email marketing, telemarketing, social media influencer campaigns, endorsements and testimonials, negative option marketing models, native advertising, online promotions and comparative advertising,

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