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The Telephone Consumer Protection Act (“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 consent is obtained, marketers must promptly and accurately honor consumer requests to revoke their consent for receiving messages.
The rule would:
- Clarify that revocation of consent can be made in any reasonable manner, with examples;
- Require that revocation requests are honored in a reasonable time, not to exceed ten business days of receipt;
- Limits senders to a one-time message confirming a consumer’s request that no further text messages be sent; and
- Confirm that any revocation of consent applies only to robocalls and robotexts for which consent is required.
Many of the rule’s requirements are consistent with previous FCC and NADA guidance. Dealers and their attorneys should review the final rule to ensure they comply with the new requirements. Despite being issued by the last administration, there is currently no active litigation or effort by the FCC to stop or delay the rule.
