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ARTICLE · 06 JULY 2023

TCPA Tracker - May 2023

Kelley Drye & Warren LLP
Kelley Drye & Warren LLP
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The FCC has adopted a Notice of Proposed Rulemaking which proposes numerous changes and clarifications to the TCPA, most notably regarding do-not-call requests and consent revocation.

United StatesMedia, Telecoms, IT, Entertainment
Kelley Drye
Kelley Drye

CASES OF NOTE

FCC Sheds Light on Significant TCPA Consent Changes in Notice of Proposed Rulemaking

The FCC has adopted a Notice of Proposed Rulemaking which proposes numerous changes and clarifications to the TCPA, most notably regarding do-not-call requests and consent revocation. Before adopting the Notice, the FCC put forth a fact sheet explaining its purpose in the planned rulemaking, which is titled "Strengthening Consumer Protections Against Unwanted Robocalls."

The rule would codify the FCC's current policy that a robocall or text recipient may revoke consent through any "reasonable means" that express a desire to opt-out of or stop further communications. This would codify certain existing methods of revocation, including recipients responding "STOP" to a text message, and create a rebuttable presumption that any point of contact via text, email, or call where the recipient would have "reasonable basis to expect" to reach the caller suffices as

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