Rule2025-16641
Delete, Delete, Delete; Targeting and Eliminating Unlawful Text Messages; Rules and Regulations Implementing of the Telephone Consumer Protection Act of 1991; Advanced Methods To Target and Eliminate Unlawful Robocalls
Primary source
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Published
August 29, 2025
Effective
August 29, 2025
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Federal Communications Commission (Commission) conforms the Commission's rules to a court decision nullifying the first full paragraph of the revised prior express written consent rule adopted in the Second Text Blocking Report and Order. The court issued its mandate on April 30, 2025, which vacated, as of that date, the rule change for the first full paragraph of the Prior Express Written Consent Requirements section that the Commission adopted in 2023 in Targeting and Eliminating Unlawful Text Messages; Rules and Regulations Implementing of the Telephone Consumer Protection Act of 1991; Advanced Methods to Target and Eliminate Unlawful Robocalls, and Second Report and Order, Second Further Notice of Proposed Rulemaking, and Waiver Order.
Full Text
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<title>Federal Register, Volume 90 Issue 166 (Friday, August 29, 2025)</title>
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[Federal Register Volume 90, Number 166 (Friday, August 29, 2025)]
[Rules and Regulations]
[Pages 42137-42138]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16641]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[GN Docket No. 25-133, CG Docket Nos. 21-402, 02-278, 17-59; DA 25-621;
FR ID 309968]
Delete, Delete, Delete; Targeting and Eliminating Unlawful Text
Messages; Rules and Regulations Implementing of the Telephone Consumer
Protection Act of 1991; Advanced Methods To Target and Eliminate
Unlawful Robocalls
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) conforms the Commission's rules to a court decision
nullifying the first full paragraph of the revised prior express
written consent rule adopted in the Second Text Blocking Report and
Order. The court issued its mandate on April 30, 2025, which vacated,
as of that date, the rule change for the first full paragraph of the
Prior Express Written Consent Requirements section that the Commission
adopted in 2023 in Targeting and Eliminating Unlawful Text Messages;
Rules and Regulations Implementing of the Telephone Consumer Protection
Act of 1991; Advanced Methods to Target and Eliminate Unlawful
Robocalls, and Second Report and Order, Second Further Notice of
Proposed Rulemaking, and Waiver Order.
DATES: This rule is effective August 29, 2025.
FOR FURTHER INFORMATION CONTACT: Mika Savir of the Consumer Policy
Division, Consumer and Governmental Affairs Bureau, at
<a href="/cdn-cgi/l/email-protection#1b7672707a35687a6d72695b7d7878357c746d"><span class="__cf_email__" data-cfemail="8ee3e7e5efa0fdeff8e7fccee8ededa0e9e1f8">[email protected]</span></a> or (202) 418-0384.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order,
in GN Docket No. 25-133, CG Docket Nos. 21-402, 02-278, and 17-59, DA
25-621, adopted and released on July 14, 2025. The full text of this
document is available online at <a href="https://docs.fcc.gov/public/attachments/DA-25-621A1.pdf">https://docs.fcc.gov/public/attachments/DA-25-621A1.pdf</a>. To request this document in accessible
formats for people with disabilities (e.g., Braille, large print,
electronic files, audio format) or to request reasonable accommodations
(e.g., accessible format documents, sign language interpreters, CART),
send an email to <a href="/cdn-cgi/l/email-protection#a3c5c0c0969397e3c5c0c08dc4ccd5"><span class="__cf_email__" data-cfemail="e7818484d2d7d3a7818484c9808891">[email protected]</span></a> or call the FCC's Consumer and
Governmental Affairs Bureau at (202) 418-0530.
[[Page 42138]]
Congressional Review Act
The Commission sent a copy of the Order to Congress and the
Government Accountability Office pursuant to the Congressional Review
Act, 5 U.S.C. 801(a)(1)(A).
Synopsis
1. The United States Court of Appeals for the Eleventh Circuit
vacated and remanded the part of the Commission's order adopting the
revised rule section 47 CFR 64.1200(f)(9) in Targeting and Eliminating
Unlawful Text Messages; Rules and Regulations Implementing of the
Telephone Consumer Protection Act of 1991; Advanced Methods to Target
and Eliminate Unlawful Robocalls, CG Docket Nos. 21-402, 02-278, and
17-59, Second Report and Order, Second Further Notice of Proposed
Rulemaking in CG Docket Nos. 02-278 and 21-402, and Waiver Order in CG
Docket No. 17-59, 89 FR 5117 (Jan. 26, 2024). Pursuant to F. R. App. P.
41(b), the court issued its mandate on April 30, 2025, which vacated,
as of that date, the rule change for the first full paragraph of Sec.
64.1200(f)(9) that the Commission adopted in 2023. This action
reinstates in the Commission's rules the prior version of Sec.
64.1200(f)(9). Prior to the court's mandate, the Commission had
postponed the effective date of the revised rule and the revised rule
had not gone into effect.
2. The Commission for good cause finds that notice and comment are
unnecessary for this rule amendment under 5 U.S.C. 553(b)(B) because
this ministerial order merely implements the mandate of the United
States Court of Appeals for the Eleventh Circuit, and the Commission
lacks discretion to depart from this mandate. Because this Order is
being adopted without notice and comment, the Regulatory Flexibility
Act does not apply.
List of Subjects in 47 CFR Part 64
Communications common carriers, Reporting and recordkeeping
requirements, Telecommunications, Telephone.
Federal Communications Commission.
Robert Garza,
Legal Advisor, Consumer and Governmental Affairs Bureau.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends 47 CFR part 64 as follows:
PART 64--MISCELLANEOUS RULES RELATING TO COMMON CARRIERS
0
1. The authority citation for part 64 continues to read as follows:
Authority: 47 U.S.C. 151, 152, 154, 201, 202, 217, 218, 220,
222, 225, 226, 227, 227b, 228, 251(a), 251(e), 254(k), 255, 262,
276, 403(b)(2)(B), (c), 616, 620, 716, 1401-1473, unless otherwise
noted; Pub. L. 115-141, Div. P, sec. 503, 132 Stat. 348, 1091; Pub.
L. 117-338, 136 Stat. 6156.
Subpart L--Restrictions on Telemarketing, Telephone Solicitation,
and Facsimile Advertising
0
2. Amend Sec. 64.1200 by revising paragraph (f)(9) to read as follows:
Sec. 64.1200 Delivery restrictions.
* * * * *
(f) * * *
(9) The term prior express written consent means an agreement, in
writing, bearing the signature of the person called that clearly
authorizes the seller to deliver or cause to be delivered to the person
called advertisements or telemarketing messages using an automatic
telephone dialing system or an artificial or prerecorded voice, and the
telephone number to which the signatory authorizes such advertisements
or telemarketing messages to be delivered.
(i) The written agreement shall include a clear and conspicuous
disclosure informing the person signing that:
(A) By executing the agreement, such person authorizes the seller
to deliver or cause to be delivered to the signatory telemarketing
calls using an automatic telephone dialing system or an artificial or
prerecorded voice; and
(B) The person is not required to sign the agreement (directly or
indirectly), or agree to enter into such an agreement as a condition of
purchasing any property, goods, or services.
(ii) The term ``signature'' shall include an electronic or digital
form of signature, to the extent that such form of signature is
recognized as a valid signature under applicable federal law or state
contract law.
* * * * *
[FR Doc. 2025-16641 Filed 8-28-25; 8:45 am]
BILLING CODE 6712-01-P
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