FCC Grants One-Year Extension for Complying with Part of TCPA Consent Revocation Rules, by Richard Perr, Monica Littman, Keith Wier, Dominic Borelli, Tabitha Mangano and Kristen Ruotolo, 4-9-2025

Just days before certain compliance deadlines for the Telephone Consumer Protection Act’s (TCPA) consent revocation rules were set to go into effect, the Federal Communications Commission (FCC) issued an order granting a limited one-year waiver delaying a core part of the rules to April 11, 2026.

On April 7, 2025, the FCC stated in its order that it was “delaying the effective date of section 64.1200(a)(10) of the Commission’s rules to the extent the rule requires callers to treat a request to revoke consent made by a called party in response to one type of message as applicable to all future robocalls and robotexts from that caller on unrelated matters.^” 

Essentially, this stipulation would have mandated that businesses respect a consumer’s opt-out request across all communication platforms no matter how the request was submitted.

In its order, the FCC in explaining its decision, noted “good cause exists to delay the effective date for this requirement until April 11, 2026 to allow affected parties a reasonable opportunity to implement modifications to communications systems in a cost-effective manner to ensure that they can process revocation requests in accordance with this rule.”

Background (as per the order’s language)

On February 16, 2024, the Commission released the TCPA Consent Order adopting various rules governing, and issuing clarifications relating to, the ability of consumers to revoke consent to receive unwanted robocalls and robotexts.  In so doing, the Commission adopted section 64.1200(a)(10) of the rules, which requires in relevant part that “[i]f a called party uses any [reasonable] method to revoke consent, that consent is considered definitively revoked and the caller may not send additional robocalls and robotexts.”

The Commission also clarified that “[o]nce that consent is revoked, the caller may no longer make robocalls or send robotexts to a called party absent an exemption to the consent obligation.”  The Commission noted that it has granted exemptions from the consent requirement for certain categories of robocalls and robotexts.

On October 11, 2024, the Commission published in the Federal Register an announcement that compliance with the amendments and new rules set forth in the TCPA Consent Order was required as of April 11, 2025.

On March 12, 2025, several associations of banks and financial institutions filed a request asking that the Commission “waive the revocation rules established by the Order for a period of one year, to April 11, 2026,” which the agency subsequently did.

Still, companies should be advised as per the FCC order that “this waiver extends only to section 64.1200(a)(10) to the extent discussed herein. This ruling does not otherwise delay the effective date of the other rules adopted in the TCPA Consent Order.”

Kaufman Dolowich will continue to monitor developments.

Authors: Richard Perr, Co-Managing Partner of KD’s Philadelphia Office and Co-Chair of the Financial Services and Institutions Practice Group, Partner Monica Littman, Of Counsel Keith Wier, Associate Dominic Borelli, Associate Tabitha Mangano and Associate Kristen Ruotolo