Update provided by NADA

What's new: On Oct. 26, the Federal Communications Commission (FCC) released a final rule amending its consent revocation rules, which govern how consumers can tell businesses to stop sending informational robocalls or text messages. The final rule clarifies that businesses can interpret a consumer's revocation request as applying only to the specific category of informational robocalls or text messages addressed by the request. It also allows callers to specify how consumers can revoke consent. The rule goes into effect on Nov. 25.

Why it matters: The FCC delayed implementation of a revoke-all consent provision in its revocation rule to Jan. 31, 2027. The original rule would have required businesses to stop all informational robocalls and texts when a consumer opted out of any one type of message. The FCC delayed that requirement and has now replaced it with a more flexible rule that allows consumers to opt out of specific categories of informational messages without stopping all communications.

NADA submitted comments stating that the original rule failed to reflect consumer preferences and could limit communications that consumers want. Clarifying that a revocation applies only to the specific program or category of message alleviates operational complexity and gives consumers more precise control over the types of calls and messages they wish to receive or not receive.

The rule also allows businesses to specify how consumers must opt out of automated calls or texts, rather than requiring businesses to accept opt-out requests made through any reasonable method. Businesses can designate one or more approved methods, including:  (1) using an automated voice or keypad option during a robocall;  (2) replying to a text message with specific words, such as "STOP"; or  (3) submitting an opt-out request through a designated website or telephone number.

What's next: Dealers and their attorneys should review the rule to ensure compliance with the new requirements.

Go deeper:

• Compliance Alert: Federal Communications Commission AGAIN Delays Implementation of Revoke-All Consent Provision in Revocation Rule
• A Dealer Guide to Federal Email and Telemarketing Restrictions