Clarify Your Robotexting Opt-Out Process Before April 11
2025 has started out with two steps forward in the Telephone Consumer Protection Act (TCPA), and maybe one step back. Although the regulatory landscape continues to shift under the Trump administration, and decision-making has moved away from agencies like the FCC and more towards the judiciary, one critical aspect remains: the right of consumers to limit how businesses can call or text them.
In this environment, it is not enough for an organization to treat prospects and customers with respect; one must dot every “i” and cross every “t” if you wish to avoid costly penalties. If the FCC doesn’t get you, the carriers might!
Here are the most recent updates and upcoming mandates around telemarketing and robotexting to ensure you follow—including some new ones that take effect soon.
April 11, 2025: Robotext Consent Revocation
First and foremost, new rules around the revocation of robotexting consent are scheduled to take effect on April 11, 2025. In particular, the rules state that consumers can revoke their consent to be texted through any reasonable method, including:
- Interaction with automated systems
- Replying to a text
- Using a phone number or designated form
- Any other mechanism that clearly states their wish to opt out
Specifically, this means you cannot pick a preferred method consumers must use to opt out of your robotexts; and, once they request to opt out, you must honor the request within ten business days. If your robotext format does not allow for replies, you must state that and provide an alternative opt-out method.
Note: If you are a package delivery company, you must not only give customers the ability to opt out of delivery notifications by text, you must also honor their requests within six business days.
Here’s where it gets complicated, though. Regardless of whether someone asks you to stop robocalling or robotexting them, you can continue to make “exempted informational calls” to them—unless they request to opt out of the exempted calls. If that’s the case, this is considered a complete opt-out and you must cease to send them all calls and texts of any type. To be clear, this applies to both calls and texts, regardless of how they opted out.
As before, organizations can still send a single final response to an opt-out request (as long as you don’t argue or try to sell them something). As your last communication to them, we suggest wording it carefully if you hope to revive the relationship at some point.
Other Recent Updates Now in Effect
Additionally, other legal requirements outlined by the FCC in conjunction with one-to-one consent have already gone into effect. Specifically:
- Upon notification from the FCC of illegal texts from a particular phone number, terminating mobile providers must block all text messages from that number.
- A consumer must provide an explicit invitation or permission before a company can send a marketing text to a wireless number in the Do Not Call (“DNC”) Registry.
A Reminder: The “Unofficial” One-to-One Consent Rule
The FCC’s proposed one-to-one consent rule would have legally required companies to provide verification of one-to-one consent from consumers for telemarketing and robotexts, and limited communications to those logically / topically related to the request for consent. Originally scheduled to take effect in January, 2025, this new rule was vacated by the judiciary. Now a consumer group and several small businesses have joined together to ask the courts to revisit this decision.
While one-to-one consent is not currently a major legal requirement, telecom carriers and DCAs have already been enforcing it and are expected to continue doing so for the foreseeable future. If you are not tracking and managing your leads appropriately, you should pause your interactions with them until you’re compliant.
For more information on One-to-One consent:
- How to Comply with FCC’s One-to-One Consent Rule (video)
- Verbal Call to Action (CTA) Best Practices (blog)
- Proving One-to-One Consent to the FCC…in Writing (blog)
- Now What? FCC’s New One-to-One Consent Rule Vacated (blog and podcast)
Conclusion
These updates continue to clarify that while the TCPA was originally written to cover marketing by phone, these rules should be applied to texting, as well.
Calling and texting are great ways to stay in touch with prospects and customers, but there are a lot of moving parts around FCC and carrier compliance right now. And while the rules could change again tomorrow, honoring someone’s preferences is a great way to optimize your customers’ experiences with you. Have questions? Commio is happy to help! Contact us here.
