On March 5, 2024, the Federal Communications Commission (FCC) published a final rule that clarifies several important factors for compliance with the Telephone Consumer Protection Act (“TCPA”). It specifically addresses the prohibition on so-called “robocalls” or “robotexts” and honoring consumer revocation of consent from receiving such calls or text messages.
The TCPA restricts marketers (including dealerships) from sending text messages or making autodialed (or prerecorded) marketing phone calls to consumers unless they have received the prior express consent of the called party. Even if they obtain consent, marketers must promptly and accurately honor consumer requests to stop – that is to revoke consent.
Specifically, the FCC is adopting rules that:
- clarify that revocation of consent can be made in any reasonable manner, with examples;
- require that callers honor do-not-call and consent revocation requests within a reasonable time not to exceed 10 business days of receipt;
- limit text senders to a one-time text message confirming a consumer's request that no further text messages be sent; and
- confirm that any revocation of consent applies only to those robocalls and robotexts for which consent is required.
The rule generally takes effect April 4, 2024. While many of the rules’ requirements are consistent with previous FCC (and NADA) guidance, dealers, their attorneys and vendor partners should review the final rule to ensure that they can and do comply with these new TCPA requirements. This may require training of staff and working with your outside vendors, as well as taking steps to be able to demonstrate compliance with the new rules.
