On May 18, 2023, the Federal Communications Commission
(“FCC” or “Commission”) issued a Notice of Proposed
Rulemaking (“NPRM”). Among other things, the
NPRM proposes that companies honor certain unsubscribe or
TCPA opt-out requests within 24 hours of
receipt. To be discussed in a future blog, the NPRM also proposes
to codify the Commission's prior ruling that a one-time text
message may be sent to confirm a consumer's revocation of
consent.
Honoring TCPA Opt-Out Requests
Presently, there is no hard and fast time frame within which
marketers must honor consumer requests to no longer receive
robocalls or commercial text messages delivered to residential or
wireless numbers. TCPA opt-out requests for telemarketing calls to
residential numbers must be honored within a reasonable period of,
not to exceed 30 days from the subject requests. The proposal seeks
to create a new definitive time period where none exists by
amending existing regulations. In addition, “the
