Modernizing the Ability of Consumers To Control Robocalls
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Abstract
In this document, the Commission seeks comment on measures to ensure that the Telephone Consumer Protection Act (TCPA) rules that govern robocalls continue to evolve with changes in technology and industry practices. Specifically, we seek comment on reducing the timeframe callers must honor revocation requests, requirements for two- way texting functionality, requiring a revoke all method, and the treatment of affiliates.
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<title>Federal Register, Volume 91 Issue 205 (Monday, October 26, 2026)</title>
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[Federal Register Volume 91, Number 205 (Monday, October 26, 2026)]
[Proposed Rules]
[Pages 67239-67243]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21820]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket No. 02-278; FCC 26-67; FRS 373557]
Modernizing the Ability of Consumers To Control Robocalls
AGENCY: Federal Communications Commission.
ACTION: Proposed rule.
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SUMMARY: In this document, the Commission seeks comment on measures to
ensure that the Telephone Consumer Protection Act (TCPA) rules that
govern robocalls continue to evolve with changes in technology and
industry practices. Specifically, we seek comment on reducing the
timeframe callers must honor revocation requests, requirements for two-
way texting functionality, requiring a revoke all method, and the
treatment of affiliates.
DATES: Comments are due on or before November 25, 2026, and reply
comments are due on or before December 28, 2026.
[[Page 67240]]
ADDRESSES: Pursuant to Sec. Sec. 1.415 and 1.419 of the Commission's
rules, 47 CFR 1.415, 1.419, interested parties may file comments and
reply comments on or before the dates indicated in the DATES section of
this document. Submit comments identified by CG Docket No. 02-278, by
any of the following methods:
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the Electronic Comment Filing System
(ECFS): <a href="https://www.fcc.gov/ecfs">https://www.fcc.gov/ecfs</a>. See Electronic Filing of Documents in
Rulemaking Proceedings, 63 FR 24121 (1998).
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing.
<bullet> Filings can be sent by hand or messenger delivery, by
commercial courier, or by the U.S. Postal Service. All filings must be
addressed to the Secretary, Federal Communications Commission.
<bullet> Hand-delivered or messenger-delivered paper filings for
the Commission's Secretary are accepted between 8:00 a.m. and 4:00 p.m.
by the FCC's mailing contractor at 9050 Junction Drive, Annapolis
Junction, MD 20701. All hand deliveries must be held together with
rubber bands or fasteners. Any envelopes and boxes must be disposed of
before entering the building.
<bullet> Commercial courier deliveries (any deliveries not by the
U.S. Postal Service) must be sent to 9050 Junction Drive, Annapolis
Junction, MD 20701.
<bullet> Filings sent by U.S. Postal Service First-Class Mail,
Priority Mail, and Priority Mail Express must be sent to 45 L Street
NE, Washington, DC 20554.
<bullet> Accessible Formats: To request materials in accessible
formats for people with disabilities (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#6a0c09095f5a5e2a0c0909440d051c"><span class="__cf_email__" data-cfemail="a0c6c3c3959094e0c6c3c38ec7cfd6">[email protected]</span></a> or call the Consumer and Governmental Affairs
Bureau at (202) 418-0530 (voice).
FOR FURTHER INFORMATION CONTACT: Contact Richard D. Smith
<a href="/cdn-cgi/l/email-protection#36645f555e57445218655b5f425e7650555518515940"><span class="__cf_email__" data-cfemail="76241f151e17041258251b1f021e3610151558111900">[email protected]</span></a>, Consumer and Governmental Affairs Bureau, (717)
338-2797.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Rules
and Regulations Implementing the Telephone Consumer Protection Act of
1991, Further Notice of Proposed Rulemaking (FNPRM), in CG Docket No.
02-278, FCC 26-67, adopted September 30, 2026 and released on October
1, 2026. The full text of this document is available for public
inspection during regular business hours at Commission's headquarters
45 L Street NE, Washington, DC 20554 or at the following internet
address: <a href="https://docs.fcc.gov/public/attachments/FCC-26-67A1.pdf">https://docs.fcc.gov/public/attachments/FCC-26-67A1.pdf</a>.
Synopsis
I. Further Notice of Proposed Rulemaking
We seek further comment on additional revisions to our TCPA rules
that can ensure these rules continue to evolve with changes in
technology and industry practices.
A. Joint Letter
On June 30, 2026, American Bankers Association, National Consumer
Law Center, and ACA International filed a joint letter expressing
concerns with the Commission's TCPA Consent Order, published at 89 FR
82518 on October 11, 2024, and proposing additional revisions to our
TCPA rules. As discussed in greater detail below, we seek comment on
these proposals including reducing the timeframe to honor revocation
requests, requiring two-way texting to facilitate revocation requests
made in response to text messages, requiring a ``revoke all'' method,
and how revocation requests should apply to affiliates, separate lines
of business, or divisions of entities of which such businesses are a
part.
B. Timeframe for Honoring Revocation Requests
We seek comment on whether to reduce the timeframe for callers to
honor revocation requests. Consumers are understandably frustrated when
they continue to receive robocalls after revoking consent. Such delays
also undermine a consumer's right to determine which robocalls that
they wish to receive under the privacy protections afforded by the
TCPA. Our rules currently provide that callers must honor revocation of
consent requests within a reasonable time from the date that the
request is made, not to exceed ten business days after receipt of the
request. In adopting this timeframe, the Commission noted that advances
in technology over time, including the use of automated and interactive
technologies, makes the processing of revocation requests more
efficient and timely and reserved the right to adjust this timeframe as
necessary.
Because callers may now designate an exclusive, automated means by
which consumers must revoke consent, we seek comment on whether they
can now process revocation requests more quickly and efficiently. As a
result, we seek comment on whether to reduce the maximum timeframe for
honoring revocation requests. For example, the Joint Letter suggests
reducing the deadline to seven business days unless the caller
demonstrates that processing a revocation beyond seven business days is
reasonable. Is that a reasonable timeframe for callers to process
revocation requests? Should the timeframe vary between those callers
that designate an exclusive means to revoke consent and those that do
not? Would varying timeframes result in consumer confusion? We seek
comment on the cost and benefits to reduce the maximum timeframe for
honoring revocation requests including ways to minimize any burdens on
smaller entities subject to this obligation. We seek comment on these
and any other issues relevant to this issue.
C. Two-Way Texting
We seek comment on whether to eliminate the provision from Sec.
64.1200(a)(10) of the Commission's rules that allows text senders to
use a texting protocol that does not allow consumers to revoke consent
by reply text. Our rules currently permit text senders to utilize a
texting protocol that does not allow for reply texts when the text
sender: (1) provides a clear and conspicuous disclosure in each text to
the consumer that two-way texting is not available due to technical
limitations of the texting protocol; and (2) clearly and conspicuously
provides in each text a reasonable alternative method for a consumer to
revoke consent, such as a telephone number or website.
In the 2024 TCPA Consent Order, the Commission concluded that while
there is no mandate that texting parties transmitting an autodialed
text message must provide consumers with any specific means to revoke
consent, such as through reply texts, that two-way texting is a
reasonable and widely recognized means for text recipients to revoke
prior express consent. In the Joint Letter, ABA, NCLC, and ACA
International propose a rule amendment that would remove the provision
from our rules that allows text senders to use one-way texting
protocols by providing an alternative means in each text to revoke
consent.
We seek comment on whether to require senders of text messages
subject to Sec. 64.1200(a)(10) to provide recipients with the ability
to use reply texts to revoke consent. In that regard, we seek comment
on the extent to which text senders currently use texting protocols
that do not allow for reply texts. Are one-way texting protocols used
primarily for informational and
[[Page 67241]]
notification purposes or are they also used for telemarketing and
advertising? Should we consider allowing one-way texting for
informational messages and require two-way texting only on text
messages that include an advertisement or telemarketing? To what extent
would requiring the use of two-way texting protocols enhance the
ability of text recipients to more easily revoke consent to unwanted
text messages by replying to the text? Conversely, to what extent would
eliminating the ability of text senders to use one-way texting
protocols increase compliance burdens or interfere with the ability to
communicate with consumers? We seek comment on these and any other
related issues including how we might minimize any compliance burdens
for small entities as well as public institutions, such as schools that
currently use one-way texting services.
D. Revoke All Method
We seek comment on whether callers should be allowed to treat a
revocation request as applying to the type of call that prompted the
revocation only if the caller provides a ``method to revoke consent for
all types of messages for which consent is required.'' We also seek
comment on whether we should require any such ``revoke all'' mechanism
to be automated, and, if so, what specific forms such an automated
mechanism should take. In light of our rule change allowing callers to
interpret a revocation request as applying only to the specific
category of informational robocalls to which the revocation was
directed, we seek comment on whether consumers would benefit from a
one-step option to stop all future robocalls. If so, we seek comment on
what methods should be mandated and how such requirements could be
designed to minimize compliance burdens, including on small entities.
We also seek comment on EEI's request for clarification that revocation
requests apply only to the telephone number for which consent has been
revoked rather than extend to all telephone numbers associated with a
customer's account. In that regard, we seek comment on whether this
request is consistent with the TCPA's reference to obtaining consent of
the ``called party'' and Commission precedent.
Alternatively, we seek comment on whether the potential compliance
burdens and risk of inadvertent revocation of consent to calls that
they may wish to receive outweigh any such benefits and therefore
should counsel against adopting such a requirement. To what extent does
our clarification that revocation requests made in response to
robocalls with an advertisement or that constitute telemarketing revoke
consent to all similar robocalls from that caller address concerns that
consumers will be burdened with multiple revocation requests? We seek
comment on whether limiting this situation to informational calls
adequately mitigates those concerns. In addition, we note that one
commenter opposes any requirement to provide a method to revoke consent
to all calls arguing that such a requirement is not required by the
TCPA and would impose significant burdens on callers. To the extent
that the Joint Letter proposes revocation methods that effectively
treat a customer's failure to respond to communications intended to
clarify a revocation request as a revocation of consent for all future
robocalls, we seek comment on concerns that this is an overly broad
approach that may not reflect customer intent. We seek comment on these
and any other related issues in this context.
E. Affiliates and Separate Lines of Businesses or Divisions
We seek comment on whether further specificity is useful to clarify
the application of the TCPA's consent and revocation requirements where
an entity operates through separate affiliates, lines of business, or
divisions. We note that our current rules for exempted calls to
residential telephone lines and telemarketing calls provide that ``[i]n
the absence of a specific request by the subscriber to the contrary, a
residential subscriber's do-not-call request shall apply to the
particular entity making the call (or on whose behalf a call is made),
and will not apply to affiliated entities unless the consumer
reasonably would expect them to be included given the identification of
the caller and (for telemarketing calls) the product being
advertised.''
We seek comment on whether we should modify this existing standard
or provide more specific guidance. If so, we seek comment on the form
of such guidance. We also seek comment on whether this rule or a
modified rule should be expanded to encompass all robocalls rather than
limited to exempted and telemarketing calls. In that regard, we note
that financial and consumer groups have suggested that we adopt a new
rule governing affiliates and separate lines of businesses or
divisions. We seek comment on these and any other issues related to
this matter.
F. Other
We seek comment on whether there are any additional changes that we
should consider to our rules that govern revocation of consent in light
of changes in technology and industry practices including any proposals
contained in the Joint Letter or EEI Ex Parte not referenced above. For
example, we note that the Joint Letter proposes to reduce the list of
standardized words that can be used to revoke consent, eliminates the
rebuttable presumption analysis contained in the current Sec.
64.1200(a)(11) of the Commission's rules to determine whether a
reasonable revocation method has been used when a caller has not
designated an exclusive means to revoke consent, and allow callers to
make a confirmation call or text in response to a revocation request.
In addition, Vibes requests that text senders be allowed to request
clarification of the category of message from which the consumer
intended to revoke consent in a confirmation text message. We seek
comment on these and any other issues relevant to this matter.
II. Procedural Matters
G. Paperwork Reduction Act Analysis
The FNPRM may contain proposed new or modified information
collection requirements. The Commission, as part of its continuing
effort to reduce paperwork burdens, invites the general public and OMB
to comment on these information collection requirements, as required by
the PRA. In addition, pursuant to the Small Business Paperwork Relief
Act of 2002, 44 U.S.C. 3506(c)(4), we seek specific comment on how we
might further reduce the information collection burden for small
business concerns with fewer than 25 employees.
H. Ex Parte Rules
This matter shall be treated as a ``permit-but-disclose''
proceeding in accordance with the Commission's ex parte rules. 47 CFR
1.1200 through 1.1216. Persons making oral ex parte presentations are
reminded that memoranda summarizing the presentations must contain
summaries of the substances of the presentations and not merely a
listing of the subjects discussed. More than a one or two sentence
description of the views and arguments presented is generally required.
See 47 CFR 1.1206(b). Other rules pertaining to oral and written ex
parte presentations in permit-but-disclose proceedings are set forth in
Sec. 1.1206(b) of the Commission's rules, 47 CFR 1.1206(b).
I. Providing Accountability Through Transparency Act
Consistent with the Providing Accountability Through Transparency
[[Page 67242]]
Act, Public Law 118-9, a summary of this document will be available on
<a href="https://www.fcc.gov/proposed-rulemakings">https://www.fcc.gov/proposed-rulemakings</a>.
Initial Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), the Federal Communications Commission (Commission) has prepared
this Initial Regulatory Flexibility Analysis (IRFA) of the policies and
rules proposed in the Further Notice of Proposed Rulemaking (FNPRM)
assessing the possible significant economic impact on a substantial
number of small entities. The Commission requests written public
comments on this IRFA. Comments must be identified as responses to the
IRFA and must be filed by the deadlines for comments specified in the
DATES section of this document. The Commission will send a copy of the
FNPRM, including this IRFA, to the Chief Counsel for the Small Business
Administration (SBA) Office of Advocacy. In addition, the FNPRM and
IRFA (or summaries thereof) will be published in the Federal Register.
A. Need for, and Objectives of, the Proposed Rules
In the FNPRM, the Commission seeks to update various TCPA rules
that govern consumer's revocation of consent to receive robocalls. This
FNPRM seeks comment on reducing the maximum timeframe for honoring
revocation requests, requiring the use of two-way texting protocols
that allow consumers to revoke consent via reply text message, offering
a means to revoke consent to all robocalls, and providing greater
specificity to affiliates. Our objective is to ensure that our rules
reflect advances in technology and regulatory changes that permit
callers to process revocation requests in a timely and cost efficient
manner to ensure that consumers can exercise their right to control
which robocalls they wish to receive.
B. Legal Basis
The proposed action is authorized pursuant to sections 1-5, and 227
of the Communications Act of 1934, as amended, 47 U.S.C. 151-155, and
227.
C. Description and Estimate of the Number of Small Entities to Which
the Proposed Rules Will Apply
The RFA directs agencies to provide a description of and, where
feasible, an estimate of the number of small entities that may be
affected by the proposed rules, if adopted. The RFA generally defines
the term ``small entity'' as having the same meaning as the terms
``small business,'' ``small organization,'' and ``small governmental
jurisdiction.'' In addition, the term ``small business'' has the same
meaning as the term ``small business concern'' under the Small Business
Act. A ``small business concern'' is one which: (1) is independently
owned and operated; (2) is not dominant in its field of operation; and
(3) satisfies any additional criteria established by the SBA. The SBA
establishes small business size standards that agencies are required to
use when promulgating regulations relating to small businesses;
agencies may establish alternative size standards for use in such
programs, but must consult and obtain approval from SBA before doing
so.
Our actions, over time, may affect small entities that are not
easily categorized at present. We therefore describe three broad groups
of small entities that could be directly affected by our actions. In
general, a small business is an independent business having fewer than
500 employees. These types of small businesses represent 99.9% of all
businesses in the United States, which translates to 34.75 million
businesses. Next, ``small organizations'' are not-for-profit
enterprises that are independently owned and operated and not dominant
in their field. While we do not have data regarding the number of non-
profits that meet that criteria, over 99 percent of nonprofits have
fewer than 500 employees. Finally, ``small governmental jurisdictions''
are defined as cities, counties, towns, townships, villages, school
districts, or special districts with populations of less than fifty
thousand. Based on the 2022 U.S. Census of Governments data, we
estimate that at least 48,724 out of 90,835 local government
jurisdictions have a population of less than 50,000.
The rules proposed in the FNPRM will apply to small entities in the
industries identified in the chart below by their six-digit North
American Industry Classification System (NAICS) codes and corresponding
SBA size standard. Where available, we also provide additional
information regarding the number of potentially affected entities in
the industries identified below.
Table 1--2022 U.S. Census Bureau Data by NAICS Code
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Regulated industry (footnotes specify
potentially affected entities within NAICS SBA size standard Total firms Total Percentage
a regulated industry where applicable) code small firms small firms
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Wired Telecommunications Carriers..... 517111 1,500 employees......... 3,403 3,027 88.95
Wireless Telecommunications Carriers 517112 1,500 employees......... 1,184 1,081 91.30
(except Satellite).
Commercial Banks...................... 522110 $850 million in assets.. 3,917 2,897 73.96
Credit Unions......................... 522130 $850 million in assets.. 4,411 3,671 83.22
Savings Institutions and Other 522180 $850 million in assets.. 569 375 65.91
Depository Credit Intermediation.
Sales Financing....................... 522220 $47 million............. 2,180 1,690 77.52
Consumer Lending...................... 522291 $47 million............. 2,918 2,292 78.55
Mortgage and Nonmortgage Loan Brokers. 522310 $15 million............. 4,603 3,966 86.16
Offices of Real Estate Agents and 531210 $15 million............. 150,558 100,559 66.79
Brokers.
Marketing Consulting Services......... 541613 $19 million............. 50,507 34,127 67.57
Other Services Related to Advertising. 541890 $19 million............. 7,067 4,850 68.63
Facilities Support Service............ 561210 $47 million............. 2,941 2,402 81.67
Telemarketing Bureaus and Other 561422 $25.5 million........... 2,380 1,798 75.55
Contact Centers.
Collection Agencies................... 561440 $19.5 million........... 2,549 1,827 71.68
Schools............................... 611110 $20 million............. 14,088 14,087 99.99
Offices of Physicians Except Mental 621111 $16 million............. 138,120 104,486 75.65
Health Specialists.
Offices of All Other Miscellaneous 621399 $10 million............. 29,775 18,206 61.15
Health Practitioners.
General Medical and Surgical Hospitals 622110 $47 million............. 2,280 501 21.97
Business Associations................. 813910 $15.5 million........... 14,599 13,134 89.97
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[[Page 67243]]
Table 2--Telecommunications Service Provider Data
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2025 Universal Service Monitoring Report SBA size standard (1,500 employees)
telecommunications service provider data (data as of --------------------------------------------------------
December 2024)
-------------------------------------------------------- Total number FCC Small firms Percentage small
Affected entity Form 499A filers entities
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Competitive Local Exchange Carriers (CLECs)............ 4,049 3,853 95.16
Incumbent Local Exchange Carriers (Incumbent LECs)..... 1,175 920 78.30
Interexchange Carriers (IXCs).......................... 112 92 82.14
Local Exchange Carriers (LECs)......................... 5,224 4,773 91.37
Operator Service Providers (OSPs)...................... 26 24 92.31
Other Toll Carriers.................................... 72 69 95.83
Paging & Messaging..................................... 56 56 100.00
Payphone Service Providers............................. 25 24 96.00
Prepaid Card Providers................................. 47 45 95.74
Telecommunications Resellers........................... 655 630 96.18
Wired Telecommunications Carriers...................... 4,971 4,531 91.15
Wireless Telecommunications Carriers (except Satellite) 608 522 85.86
Wireless Telephony..................................... 336 262 77.98
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D. Description of Economic Impact and Projected Reporting,
Recordkeeping, and Other Compliance Requirements for Small Entities
The RFA directs agencies to describe the economic impact of
proposed rules on small entities, as well as projected reporting,
recordkeeping and other compliance requirements, including an estimate
of the classes of small entities which will be subject to the
requirements and the type of professional skills necessary for
preparation of the report or record.
In this FNPRM, we seek comment on whether to reduce the maximum
timeframe for callers to honor revocation requests. This may require
callers to take compliance measures to ensure that revocation requests
are processed within a shorter timeframe than under our current rules.
We have also sought comment on eliminating the existing rule provision
that allows text senders to utilize one-way texting protocols that do
not allow for reply text messages by disclosing this limitation and
providing a reasonable alternative way for a consumer to revoke
consent. Eliminating this provision may require some text senders to
change their current texting protocol to a two-way texting protocol
that allows for reply text messages. We also seek comment on whether to
require callers to offer a means to revoke consent to all robocalls
including whether the compliance burdens outweigh benefits. These may
entail some compliance burdens and costs on small entities if adopted
such as requiring callers to alter existing communications systems to
accommodate these requirements. In this FNPRM, we specifically seek
comment on these compliance burdens that may impact small entities.
E. Discussion of Significant Alternatives Considered That Minimize the
Significant Economic Impact on Small Entities
The RFA directs agencies to provide a description of any
significant alternatives to the proposed rules that would accomplish
the stated objectives of applicable statutes, and minimize any
significant economic impact on small entities. The discussion is
required to include alternatives such as: ``(1) the establishment of
differing compliance or reporting requirements or timetables that take
into account the resources available to small entities; (2) the
clarification, consolidation, or simplification of compliance and
reporting requirements under the rule for such small entities; (3) the
use of performance rather than design standards; and (4) an exemption
from coverage of the rule, or any part thereof, for such small
entities.''
In this FNPRM, we seek comment on alternatives that minimize the
economic impact of any rule medication on small entities. For example,
we seek comment regarding whether the timeframe for honoring revocation
requests should vary between those callers that designate a method to
revoke consents and those that do not. This may lessen the compliance
burdens on smaller entities by reducing the timeframe only in those
instances in which the caller has designated the method to revoke
consent and thereby avoid the necessity to process all reasonable
revocation requests. We have also sought comment on whether only those
text senders that send messages containing telemarketing should be
required to utilize two-way texting protocols. This would allow
interested parties, including smaller entities, that use one-way text
messaging for informational and notification purposes to continue doing
so without the necessity to change to a two-way texting protocol.
Finally, we seek comment on the compliance burdens associated with
requiring callers to provide a means for consumers to revoke consent to
all robocalls including ways to minimize the burdens on smaller
entities.
F. Federal Rules That May Duplicate, Overlap, or Conflict With the
Proposed Rules
None.
List of Subjects in 47 CFR Part 64
Communications common carriers, Reporting and recordkeeping
requirements, Telecommunications, Telephone.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2026-21820 Filed 10-23-26; 8:45 am]
BILLING CODE 6712-01-P
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