consent obtained on comparison shopping websites to be “logically and topically” related to that website. The stated purpose is to ensure that consumers do not receive robocalls or robotexts that go beyond the scope of their consent, which can “be reasonably inferred from the purpose of the website at which they gave that consent.” To illustrate the intent behind this change, the FCC stated that a consumer giving consent on a car loan comparison shopping website does not consent to get robotexts or robocalls about loan consolidation. The new robocalling/robotexting rules are part of the TCPA. The TCPA already is a major source of class action litigation, and the new rules provide new ammunition for the plaintiffs’ bar looking for new targets. New TCPA Rules on Consent Revocation. On February 15, 2024, the Federal Communications Commission (FCC) approved amendments to the rules and regulations implementing the TCPA. These amendments enhance consumers’ ability to revoke consent to robocalls and robotexts. These rules go into effect on April 11, 2025. The key provisions of the new rules include codifying what many companies are likely already doing: • Consumers may revoke consent to robocalls and robotexts “in any reasonable manner,” including using the words: stop, quit, end, revoke, opt out, cancel, or unsubscribe. • Callers must honor do-not-call and revocation requests “as soon as practicable,” but no later than 10 business days after the request. • Text-senders may send one text message within five minutes of receipt of a revocation request to confirm or clarify the scope of the request. Arbitration Clauses. An enforceable arbitration clause in the terms of service of companies using SMS text messaging may help mitigate the costs and risk of exposure to TCPA class action litigation.
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