Enhancing the Ability of Consumers To Control the Robocalls
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Abstract
In this document, the Federal Communications Commission (Commission) modifies rules to ensure that consumers can revoke consent for robocalls they no longer wish to receive while continuing to receive those they still want. We also modernize our rules to ensure that consumers have clear, simple, and automated ways to revoke consent while streamlining callers' ability to process revocations. Specifically, we allow callers to interpret a revocation request as applying only to the specific category of informational robocalls to which the revocation was directed, allow callers to designate an exclusive means to revoke consent, and amend the exemption from the consent requirement for financial institutions to allow them to more easily alert customers to fraudulent activity on their account. In addition, we delegate authority to the Consumer and Governmental Affairs Bureau (CGB) in consultation with the Enforcement Bureau (EB) to review our robocall rules to ensure that those rules are clear and easy to read.
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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)]
[Rules and Regulations]
[Pages 67214-67219]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21821]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 64
[CG Docket No. 02-278; FCC 26-67; FR ID 373556]
Enhancing the Ability of Consumers To Control the Robocalls
AGENCY: Federal Communications Commission.
ACTION: Final rule.
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SUMMARY: In this document, the Federal Communications Commission
(Commission) modifies rules to ensure that consumers can revoke consent
for robocalls they no longer wish to receive while continuing to
receive those they still want. We also modernize our rules to ensure
that consumers have clear, simple, and automated ways to revoke consent
while streamlining callers' ability to process revocations.
Specifically, we allow callers to interpret a revocation request as
applying only to the specific category of informational robocalls to
which the revocation was directed, allow callers to designate an
exclusive means to revoke consent, and amend the exemption from the
consent requirement for financial institutions to allow them to more
easily alert customers to fraudulent activity on their account. In
addition, we delegate authority to the Consumer and Governmental
Affairs Bureau (CGB) in consultation with the Enforcement Bureau (EB)
to review our robocall rules to ensure that those rules are clear and
easy to read.
DATES: Effective November 25, 2026.
FOR FURTHER INFORMATION CONTACT: Contact Richard D. Smith
<a href="/cdn-cgi/l/email-protection#01536862696073652f526c687569416762622f666e77"><span class="__cf_email__" data-cfemail="41132822292033256f122c283529012722226f262e37">[email protected]</span></a>, Consumer and Governmental Affairs Bureau, (717)
338-2797. For information regarding the Paperwork Reduction Act (PRA)
information collection requirements contained in the PRA, contact Cathy
Williams <a href="/cdn-cgi/l/email-protection#5e1d3f2a36277009373232373f332d1e383d3d70393128"><span class="__cf_email__" data-cfemail="f7b496839f8ed9a09e9b9b9e969a84b7919494d9909881">[email protected]</span></a>, Office of Managing Director, (202)
418-2918.
SUPPLEMENTARY INFORMATION: This is a synopsis of the Commission's Rules
and Regulations Implementing the Telephone Consumer Protection Act of
1991, Report and Order (Order) 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>.
To request material 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#177174742227235771747439707861"><span class="__cf_email__" data-cfemail="bfd9dcdc8a8f8bffd9dcdc91d8d0c9">[email protected]</span></a> or call the Commission's Consumer and Governmental
Affairs Bureau at (202) 418-0530 (voice).
Synopsis
I. Discussion
A. Ensuring Consumers Get the Calls They Want
We modify our rules to allow callers to interpret a revocation
request as applying only to the specific category of informational
robocalls to which the revocation was directed and not all robocalls.
In so doing, we conclude that a requirement to treat a revocation
request made in response to one type of informational robocall as
applicable to all future robocalls unduly restricts consumers' ability
to receive other wanted calls. We emphasize that this specific
modification affects only informational robocalls.
We agree with a broad range of commenters representing various
industries and consumer groups that the current ``revoke all'' rule
does not align with consumer expectations and poses significant risks
to the delivery of essential information. Specifically, we conclude
that this requirement is overinclusive and may lead to unintended
consequences that do not align with the consumer's actual intent. For
example, if a consumer revokes consent in response to payment reminders
under the current rule interpretation the caller must stop all future
robocalls on unrelated matters such as fraud alerts, multi-factor
authentication, appointment reminders, or utility outage calls even if
that was not the consumer's will. The record suggests that this is
often not consistent with the consumer's intent. In fact, consumers may
not even be aware that by revoking consent with respect to one category
of informational messages, they are revoking consent to all messages
from that caller.
We conclude that the better reading of the TCPA permits consumers
to avoid an all-or-nothing revocation by opting out of only those
categories of informational robocalls they do not wish to receive while
continuing to
[[Page 67215]]
receive desired communications. This flexibility allows consumers
greater control over robocalls while ensuring that critical, time-
sensitive communications are not inadvertently stopped by the consumer.
In addition, this approach addresses the concerns of utility companies
that revocation requests will inadvertently extend to communications
that they are legally required to make by limiting the scope of
revocation only to the specific category of robocall to which they were
directed. We note that one party has expressed opposition in an ex
parte filing arguing that the revisions make compliance more complex.
For the reasons discussed herein, however, we conclude that the
industry and consumer group support is persuasive evidence that it does
not.
Currently some callers may also empower consumers to make more
granular choices about the types of informational calls they wish to
receive, including providing them with the option to revoke consent for
all robocalls and text messages requiring consent. Some commenters
request that we mandate a means by which consumers may revoke consent
to all robocalls from a particular caller. One commenter expresses
concern, however, with the potential compliance burdens entailed by
requiring callers to provide a revoke all method. Therefore, we seek
further comment in the Further Notice of Proposed Rulemaking published
elsewhere in the Federal Register to inform the record on whether the
benefits to consumers from requiring callers to provide a one-step
means to revoke consent to all future robocalls outweigh the potential
compliance burdens.
Revocation requests made in response to robocalls that contain an
advertisement or constitute telemarketing revoke consent to all future
robocalls containing an advertisement or that constitute telemarketing
from that caller. Such calls constitute a specific category of
communication for which there are no exemptions to the prior express
consent requirement. As a result, consumers need only make a single
revocation request to revoke consent to all future telemarketing
robocalls from any caller. In that regard, we remind telemarketers that
our rules require that 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), as well as affiliated entities if the consumer
reasonably would expect them to be included.
B. Giving Consumers Clear, Simple, and Automated Ways To Revoke Consent
We modify our rules to allow callers to designate an exclusive
means by which consumers may revoke consent instead of requiring
callers to honor all revocation requests made ``using any reasonable
method,'' as currently provided in Sec. 64.1200(a)(10) of the
Commission's rules. Specifically, we conclude that callers may
designate any of the three methods currently described in the second
sentence of Sec. 64.1200(a)(10) of the Commission's rules as the
exclusive means to make revocation requests. This approach adequately
ensures that a simple, automated, easily understood method for
revocation is readily available to consumers to revoke consent while
streamlining the ability of callers to process such requests and
reducing compliance burdens. In addition, this ensures that callers
will not demand revocations to be made by unduly complex, difficult, or
cumbersome methods that could prevent or deter consumers from revoking
consent effectively.
As a result, callers may designate an exclusive revocation method
that requires: (1) using an automated, interactive voice or key-press
activated opt-out mechanism in response to a robocall, (2) using
specific standardized words in response to an incoming text, and/or (3)
using a website or telephone number provided by the caller to process
opt-out requests, so long as the caller clearly and conspicuously
discloses the designated method for revoking consent on the call or in
the text. Callers that designate any of these three exclusive means to
revoke consent will not be required to process revocation requests made
by any other means. Any caller that does not designate one of the
methods listed in Sec. 64.1200(a)(10) of the Commission's rules as the
exclusive means to revoke consent must continue to process revocation
requests when made in any reasonable manner.
We agree with both industry and consumer groups that the designated
use of these methods ensures that consumers can easily revoke consent
while allowing callers to use cost effective, automated systems to
process all incoming revocation requests. This approach also provides
clarity by eliminating the need to determine on a case-by-case basis
whether a ``reasonable means'' is used to revoke consent. We also agree
with industry and consumer groups who contend that callers that
designate an exclusive method to revoke consent should disclose that
method on calls and in messages. This ensures that callers inform
consumers of the designated revocation method. We therefore decline the
request to allow callers to determine when and how to inform customers
of the designated method. We agree with commenters, however, that
requiring text senders to include all seven standardized words in a
text message when designating a reply text as the exclusive means to
revoke consent would make disclosures unnecessarily lengthy given the
character limitations of text messages. As a result, we clarify that
text senders can satisfy the disclosure requirement by disclosing even
just one of the standardized words in each text message. For example,
by indicating that recipients can revoke consent by responding
``stop.'' But text senders still must honor revocation requests made
using any of the standardized words as our rules recognize these as
commonly used words to reflect a clear and unmistakable desire to
revoke consent.
In addition, we agree with industry and consumer groups that
allowing callers to designate an automated revocation method as the
exclusive means to revoke consent will incentivize more callers to make
available such revocation methods and avoid delays inherent in manually
processing revocation requests that result when made by non-designated
methods. We disagree with the commenter who argues that callers that
are regulated by another agency when communicating with consumers
should be allowed to designate any such revocation method established
by that agency's regulations as the exclusive means to revoke consent.
While certain callers may be subject to such requirements, the record
in this matter does not provide sufficient confirmation of the consumer
protections afforded by these alternative methods to conclude that
callers can designate such methods as the exclusive method for revoking
consent.
We emphasize that this rule modification does not alter the
existing opt-out methods specified in our rules for calls made pursuant
to an exemption or that include an advertisement or constitute
telemarketing. For example, Sec. 64.1200(b)(3) of the Commission's
rules requires calls made pursuant to an exemption in Sec.
64.1200(a)(3)(ii) through (v) of the Commission's rules or that use an
artificial or prerecorded voice that introduces an advertisement or
constitutes telemarketing to provide an automated, interactive voice-
and/or key press-activated opt-out mechanism to make a do-not-call
request. Callers
[[Page 67216]]
subject to these requirements must comply with these obligations and
utilize the opt-out method specified in our rules.
C. Revisiting Fraud Alert Restrictions
We amend the exemption for financial institutions to initiate
certain informational robocalls to wireless numbers without prior
consent by modifying the condition limiting financial institutions to
communicating only with those customers using a telephone number they
provided directly to that financial institution. Specifically, we agree
with commenters that exempted communications should be allowed when the
wireless number is obtained from a reliable source. We conclude that a
``reliable source'' in this context includes a telephone number: (i)
supplied by a spouse or other family member who is authorized to be on
the account; (ii) obtained when the customer calls the institution; or
(iii) included in the records obtained from another financial
institutions.
We agree with commenters that the current condition limiting
financial institutions to communicating only with those customers who
have provided their telephone numbers to that financial institution
unduly restricts the ability to communicate important, often time-
sensitive information to customers. This includes communications
related to transactions and time sensitive events informing consumers
of a risk of fraud or identity theft. For similar reasons, we grant
ABA's 2015 petition for reconsideration to the extent that it requests
that the Commission revisit the provided number condition.
We conclude that this modification enhances the ability of
financial institutions to communicate critical information under the
exemption without infringing upon consumer privacy rights. In this
regard, we encourage financial institutions to make use of resources
such as the Reassigned Numbers Database (RND) to prevent calls being
misdirected from someone who previously held that phone number. In
addition, we emphasize that financial institutions making use of this
exemption must honor opt-out requests from consumers to ensure that
they are calling only those parties that wish to receive such
communications. When combined with other conditions imposed on this
exemption, such as a numerical limitation on the number of calls and
messages that can be made pursuant to the exemption, we believe that
modifying this condition does not adversely affect consumer privacy
interests while promoting the ability of financial institutions to
communicate important information to their customers and others
authorized on the account.
D. Improving the Organization and Readability of the Robocall Rules
We delegate authority to CGB in consultation with the Enforcement
Bureau to review the rules contained in Sec. 64.1200 of the
Commission's rules to ensure that those rules are clearly organized and
comprehensible, invite comment at a later date on proposed changes, and
issue an order implementing these changes to make these rules more
transparent and easier to understand. This rule section contains
numerous robocall and call blocking-related rules adopted and revised
over the last three decades as part of our ongoing effort to implement
the TCPA and protect consumers from illegal robocalls. As a result,
these rules have grown increasingly lengthy and dense. The substance of
these rules will not be changed on delegated authority, instead the
goal is to recast them where appropriate in plain language so as to
give regulated entities, as well as the broader public, a better grasp
of what is required, what is permitted, and what is prohibited under
these rules. We make clear that substantive changes to these rules are
excluded from this delegation of authority. We believe such revisions
to make the rules easier to understand can enhance compliance, reduce
transaction costs, and make it easier to identify and report
violations.
E. Effective Date
The revised rule amendments contained herein become effective
November 25, 2026. As a result, the rule modification to Sec.
64.1200(a)(10) of the Commission's rules will go into effect at that
time and supersede the delayed effective date of the relevant portion
of that rule that was previously extended to January 31, 2027. We
decline the request of one party to extend the effective date up to 12
months after Federal Register publication to ensure that callers can
begin utilizing the modernized consent methods as soon as possible.
F. Cost and Benefit Analysis
Although robocalls are most commonly associated with illegal calls
that defraud and annoy consumers, and are consistently a top consumer
complaint, the term includes a wide array of calls, many of which are
legal and benefit consumers. For example, robocalls are used to
communicate time sensitive information such as fraud alerts,
appointment reminders, school closings, power outages, and public
safety notifications. The efficient provision of such information via
robocalls provide consumers with substantial financial, health, and
safety benefits by ensuring that consumers receive critical information
that allows them to take time-sensitive actions in response to such
communications. As a result, the right to grant and revoke consent to
receive robocalls is fundamental to empowering consumers to manage
those calls they wish to receive. Unduly restricting a consumers'
ability to receive the calls they wish to receive is detrimental to
this goal.
The rule modifications contained herein enhance the ability of
consumers to decide which robocalls that they wish to receive by
ensuring that they have easy access to simple methods to revoke consent
for those robocalls that they do not wish to receive while allowing
them to continue receiving important information from financial
institutions, health care providers, and utilities. While some
consumers may be required under our modified rules to make more than
one revocation request in response to informational robocalls, we
believe this burden is minimal and offset by the benefits of the
approach adopted herein. In so doing, we also streamline existing
requirements such as by allowing callers the option to designate the
exclusive method to be used for revoking consent to ensure that such
request can be efficiently processed by automated means rather than
requiring callers to process all revocation requests made in a
reasonable manner. We impose no new compliance obligation. We therefore
conclude that benefits of the rule modifications contained herein to
both consumers and industry, as supported by a wide variety of
commenters including consumer groups, financial institutions, health
care organizations, and utilities, substantially outweigh any costs.
G. Legal Authority
The Commission has legal authority to take the actions contained
herein pursuant to sections 1-5, and section 227 of the Communications
Act of 1934, as amended.
II. Procedural Matters
H. Paperwork Reduction Act Analysis
This document contains non-substantive modifications to approved
information collections that have been reviewed and approved by the
Office of Management and Budget (OMB) pursuant to OMB's non-substantive
modification process. Because these modifications are non-substantive,
they do not impose any new or modified
[[Page 67217]]
information collection burdens on the public subject to the Paperwork
Reduction Act of 1995, Public Law 104-13.
I. Regulatory Flexibility Act Analysis
The Regulatory Flexibility Act of 1980, as amended (RFA), requires
that an agency prepare a regulatory flexibility analysis for notice-
and-comment rulemakings, unless the agency certifies that ``the rule
will not, if promulgated, have a significant economic impact on a
substantial number of small entities.'' Accordingly, the Commission has
prepared a Final Regulatory Flexibility Analysis (FRFA) concerning the
possible impact of the rule and policy changes contained in the Report
and Order on small entities.
J. Congressional Review Act
The Commission sent a copy of document FCC 26-67 to Congress and
the Government Accountability Office pursuant to the Congressional
Review Act, 5 U.S.C. 801(a)(1)(A).
Final Regulatory Flexibility Analysis
As required by the Regulatory Flexibility Act of 1980, as amended
(RFA), the Federal Communications Commission (Commission) incorporated
an Initial Regulatory Flexibility Analysis (IRFA) in the 2025 TCPA
FNPRM, released in October 2025. The Commission sought written public
comment on the proposals in the FNPRM, including comment on the IRFA.
No comments were filed addressing the IRFA. This Final Regulatory
Flexibility Analysis (FRFA) conforms to the RFA and it (or summaries
thereof) will be published in the Federal Register.
A. Need for, and Objectives of, the Report and Order
The Commission receives more complaints about illegal robocalls
that defraud and annoy consumers than any other issue, and we have
taken a variety of measures to protect consumers from such calls. At
the same time, many robocalls provide critical, time-sensitive
information--such as medical appointment reminders or fraud alerts--
that many consumers want to receive. The Commission believes that the
right to grant and revoke consent to receive robocalls is fundamental
to empowering consumers to manage the calls that they wish to receive,
and unduly restricting the public's ability to receive the calls they
wish to receive is detrimental to this goal.
This Order modernizes our rules to ensure that consumers have
simple, clear, automated and accessible ways to revoke consent for
those calls they no longer want while ensuring they continue to get
those they do, while helping callers process these requests efficiently
and with reduced compliance burdens. In addition, we also delegate
authority to CGB to review our robocall rules to ensure those rules are
comprehensible to the public, all interested parties, and small
business entities.
B. Summary of Significant Issues Raised by Public Comments in Response
to the IRFA
No comments were filed in response to the IRFA addressing the
impact of the proposed rules on small entities. Several commenters
expressed support for the rules modification contained herein due, in
part, to the reduction in compliance burdens associated with
eliminating or streamlining our existing rules. Specifically,
commenters argue that applying revocation requests made in response to
one type of informational robocalls to all future communications and
being required to process revocation requests made by any reasonable
means as required under our existing rules instead of designating the
exclusive means to revoke consent places significant burdens on
callers.
C. Response to Comments by the Chief Counsel for Advocacy of the Small
Business Administration
Pursuant to the Small Business Jobs Act of 2010, which amended the
RFA, the Commission is required to respond to any comments filed by the
Chief Counsel for the Small Business Administration (SBA) Office of
Advocacy, and also provide a detailed statement of any change made to
the proposed rules as a result of those comments. The Chief Counsel did
not file any comments in response to the proposed rules in this
proceeding.
D. Description and Estimate of the Number of Small Entities to Which
the 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 adopted rules. 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 are 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 adopted in the Order 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 identified industries below.
[[Page 67218]]
Table 1--2022 U.S. Census Bureau Data by NAICS Code
----------------------------------------------------------------------------------------------------------------
Regulated industry (footnotes
specify potentially affected SBA size Total small Percent small
entities within a regulated NAICS code standard Total firms firms firms
industry where applicable)
----------------------------------------------------------------------------------------------------------------
Wired Telecommunications 517111 1,500 employees. 3,403 3,027 88.95
Carriers.
Wireless Telecommunications 517112 1,500 employees. 1,184 1,081 91.30
Carriers (except Satellite).
Commercial Banks.............. 522110 $850 million in 3,917 2,897 73.96
assets.
Credit Unions................. 522130 $850 million in 4,411 3,671 83.22
assets.
Savings Institutions and Other 522180 $850 million in 569 375 65.91
Depository Credit assets.
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 522310 $15 million..... 4,603 3,966 86.16
Brokers.
Offices of Real Estate Agents 531210 $15 million..... 150,558 100,559 66.79
and Brokers.
Marketing Consulting Services. 541613 $19 million..... 50,507 34,127 67.57
Other Services Related to 541890 $19 million..... 7,067 4,850 68.63
Advertising.
Facilities Support Service.... 561210 $47 million..... 2,941 2,402 81.67
Telemarketing Bureaus and 561422 $25.5 million... 2,380 1,798 75.55
Other 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 621111 $16 million..... 138,120 104,486 75.65
Mental Health Specialists.
Offices of All Other 621399 $10 million..... 29,775 18,206 61.15
Miscellaneous Health
Practitioners.
General Medical and Surgical 622110 $47 million..... 2,280 501 21.97
Hospitals.
Business Associations......... 813910 $15.5 million... 14,599 13,134 89.97
----------------------------------------------------------------------------------------------------------------
Table 2--Telecommunications Service Provider Data
----------------------------------------------------------------------------------------------------------------
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 Percent small
Affected entity Form 499A filers entities
----------------------------------------------------------------------------------------------------------------
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
----------------------------------------------------------------------------------------------------------------
E. Description of Projected Reporting, Recordkeeping, and Other
Compliance Requirements for Small Entities
The RFA directs agencies to describe the economic impact of adopted
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 requirement and the type
of professional skills necessary for preparation of the report or
record.
This Order modernizes our rules to ensure that consumers have
simple, automated and accessible ways to revoke consent for those calls
they no longer want while ensuring they continue to get those they do,
while helping callers process these requests efficiently and with
streamlined compliance burdens. In addition, we eliminate outdated
rules and delegate authority to CGB to review our robocall rules to
ensure those rules are comprehensible to interested parties. We impose
no new reporting, recordkeeping or other compliance requirements on
small entities. Rather, we eliminate and streamline existing rules to
reflect changes in technologies and industry practices to allow small
entities to more efficiently process revocation requests.
[[Page 67219]]
F. Steps Taken To Minimize Significant Economic Impact on Small
Entities, and Significant Alternatives Considered
The RFA requires an agency to provide ``a description of the steps
the agency has taken to minimize the significant economic impact on
small entities . . . including a statement of the factual, policy, and
legal reasons for selecting the alternative adopted in the final rule
and why each one of the other significant alternatives to the rule
considered by the agency which affect the impact on small entities was
rejected.''
In this Order we take steps to modernize our rules to ensure that
consumers have easily accessible ways to revoke consent. We have
eliminated and streamlined requirements to make the processing of
revocation requests more efficient. For example, we modify our rules to
allow callers to interpret a revocation request to apply only to the
specific category of informational robocalls to which the revocation
was directed and not all communications. This modification streamlines
the ability to process revocation requests. We also modify our rules to
allow callers to designate the exclusive means to process revocation
requests making it clearer to consumers how to request such revocations
and easier for callers to process such requests by allowing callers to
avoid processing incoming revocation requests made through other
methods. These modifications minimize the economic impact of our
existing rules on small entities by streamlining those rules.
List of Subjects in 47 CFR Part 64
Communications common carriers, Reporting and Recordkeeping
requirements, Telecommunications, Telephone.
Federal Communications Commission.
Marlene Dortch,
Secretary.
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.
0
2. Amend Sec. 64.1200 by revising paragraphs (a)(9)(iii)(A), (10),
(11), and (12) to read as follows.
Sec. 64.1200 Delivery restrictions.
(a) * * *
(9) * * *
(iii) * * *
(A) Voice calls and text messages must be sent only to the wireless
telephone number(s) provided by the customer of the financial
institution or obtained from a reliable source. In this context, a
wireless telephone number obtained from a reliable source means a
wireless telephone number: supplied by a spouse or other family member
who is authorized to be on the account; obtained when the customer
calls the financial institution; or included in records obtained from
another financial institution.
* * * * *
(10) A called party may revoke prior express consent, including
prior express written consent, to receive calls or text messages made
pursuant to paragraphs (a)(1) through (3) and (c)(2) of this section.
Callers may designate any of the following methods as the exclusive
means to revoke consent:
(i) an automated, interactive voice or key press-activated opt-out
mechanism on a call;
(ii) replying to an incoming text message with any one of the
following standardized words: ``stop,'' ``quit,'' ``end,'' ``revoke,''
``opt out,'' ``cancel,'' or ``unsubscribe''; and/or
(iii) pursuant to a website or telephone number designated by the
caller to process opt-out requests. The caller must clearly and
conspicuously disclose the designated method to revoke consent on the
call or in the text. Text senders that designate a reply text message
as the exclusive means to revoke consent can satisfy the disclosure
obligation by including at least one of the standardized words
contained in paragraph (a)(10)(ii) of this section in each text message
so long as the text sender recognizes the use of any of the
standardized words as a valid revocation request. Any caller that
designates any of the methods identified above as the exclusive means
to revoke consent is not required to process revocation requests made
by any other means. Callers may interpret a revocation request made in
response to an informational call or text message (i.e., a call or text
message that does not contain any advertising or telemarketing) as
applying only to the specific category of informational robocalls and
text messages to which the revocation was directed and not to all
communications. Revocation requests made in response to calls or text
messages that contain an advertisement or constitute telemarketing
revoke consent to all future calls or text messages containing an
advertisement or constitute telemarketing from that caller. Should the
text initiator choose to use a texting protocol that does not allow
reply texts, it must provide 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 clearly and
conspicuously provide in each text reasonable alternative ways to
revoke consent. All requests to revoke prior express consent or prior
express written consent made in the manner described above must be
honored within a reasonable time not to exceed ten business days from
receipt of such request.
(11) Callers that do not designate an exclusive means to revoke
consent pursuant to paragraph (a)(10) of this section must process
revocation requests made by any reasonable means. The use of any means
to revoke consent not listed in paragraph (a)(10) of this section
creates a rebuttable presumption that the consumer has revoked consent
when the called party satisfies their obligation to produce evidence
that such a request has been made, absent evidence to the contrary. In
those circumstances, a totality of circumstances analysis will
determine whether the caller can demonstrate that a request to revoke
consent has not been conveyed in a reasonable manner. All requests to
revoke prior express consent or prior express written consent made in
the manner described in this paragraph must be honored within a
reasonable time not to exceed ten business days from receipt of such
request.
(12) A text message confirming a request to revoke consent from
receiving any further calls or text messages does not violate
paragraphs (a)(1) and (2) of this section as long as the confirmation
text merely confirms the text recipient's revocation request and does
not include any marketing or promotional information. If the
confirmation text is sent within five minutes of receipt, it will be
presumed to fall within the consumer's prior express consent. If it
takes longer, however, the sender will have to make a showing that such
delay was reasonable.
* * * * *
[FR Doc. 2026-21821 Filed 10-23-26; 8:45 am]
BILLING CODE 6712-01-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.