As ECAC previously reported, the FCC adopted new rules under the Telephone Consumer Protection Act to make it easier for consumers to revoke their consent to receive unwanted robocalls and robotexts. These rules make clear that consumers may use any reasonable method to revoke previously given consent, including, but not limited to the use of 7 “magic” words/phrases: Stop, Quit, End, Revoke, Opt Out, Cancel and Unsubscribe. Revocation requests must be honored within a reasonable period of time not to exceed 10 business days from the date of request.
The rules permit companies to send one-time text messages confirming a revocation request, provided the confirmation text meets certain criteria: It must only confirm the revocation, it may not include marketing or promotional material and can be the only message transmitted after the request is received. The confirmation must text must be sent within 5 minutes of receive of the revocation unless the sender can show the delay was reasonable.
There are many nuances associated with this rule. Companies are encouraged to review the rules with their legal counsel to ensure compliance.
Mitchell Roth
