As we reported back in February and March of this year, the FCC has approved a new rule requiring carriers to block texts using a do-not-originate list designed to designed to prevent messages that are highly likely to be fraudulent.
The final procedural requirements to finalize the rule cleared today, meaning that the CFR will be updated effective May 11, 2023.
The new provision reads as follows:
§ 64.1200 Delivery restrictions.
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(p) A mobile wireless provider must block a text message purporting to originate from a North American Numbering Plan number on a reasonable do-not-originate list. A list so limited in scope that it leaves out obvious North American Numbering Plan numbers that could be included with little effort may be deemed unreasonable. The do-not originate list may include only:
(1) North American Numbering Plan Numbers for which the subscriber to the number has requested that texts purporting to originate from that number be blocked;
(2) North American Numbering Plan numbers that are not valid;
(3) Valid North American Numbering Plan numbers that are not allocated to a provider by the North American Numbering Plan Administrator; and
(4) Valid North American Numbering Plan numbers that are allocated to a provider by the North American Numbering Plan Administrator, but are unused, so long as the provider blocking the message is the allocatee of the number and confirms that the number is unused or has obtained verification from the allocatee that the number is unused at the time of blocking.
(q) Paragraph (p) of this section may contain an information-collection and/or recordkeeping requirement. Compliance with paragraph (p) will not be required until this paragraph (q) is removed or contains a compliance date, which will not occur until after the Office of Management and Budget completes review of such requirements pursuant to the Paperwork Reduction Act or until after the Consumer and Governmental Affairs Bureau determines that such review is not required.
(r) A mobile wireless provider must provide a point of contact or ensure its aggregator partners or blocking contractors that block text messages on its network provide a point of contact to resolve complaints about erroneous blocking from message senders that can document that their messages have been blocked. Such point of contact may be the same point of contact for voice call blocking error complaints.
If you have questions about this new rule, feel free to reach out.
In the meantime, digital advertisers and performance marketers still have the Sword of Damocles hanging over their head in the form of the FCC’s NPRM on Public Knowledge’s proposal to outright ban the transfer of consent forms.
This NPRM is a huge deal and–unfortunately–folks are STILL misstating the potential impact here.
Anyway, deadline to comment is May 8, 2023.
REACH is holding a meeting on Friday of this week to discuss. More soon.