LOOK ALIVE!: NEW NPRM SEKS TO CHANGE TCPA RULES ON TWO-WAY TEXTING, REVOCATION AND AFFILIATES

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Yesterday we covered the FCC’s critical changes to the TCPA opt out and revocation rules. (This was a must read–check it out here if you haven’t yet.)

Today we are going to dive into the FCC’s new NPRM that may–in many ways–be just as important.

At a high level the NPRM seeks comment on: i) reducing the timeframe to honor revocation requests, ii) requiring two-way texting to facilitate revocation requests made in response to text messages, iii) requiring a “revoke all” method, and iv) how revocation requests should apply to affiliates, separate lines of business, or divisions of entities of which such businesses are a part.

Each of these could bring big changes– so listen up.

First, the Commission seeks comment on reducing time to honor opt out requests. Currently callers have up to 10 business days to honor an opt out. The FCC has now empowered callers to dictate a unilateral revocation method. With that in mind the FCC questions ten business days should really be needed to honor an opt out. Definitely something companies– particularly those with many affiliates and divisions– need to be thinking through and commenting on.

Second, the Commission seeks comment on requiring two-way texting. Currently there is no requirement callers accept inbound SMS in response to a text. Some of my most hated alerts are one way communications that cannot be responded to. The FCC has taken note an is proposing to require all SMS to be two-way. The FCC is also considering whether to allow  one-way texting for informational messages and require two-way texting only on text messages that include an advertisement or telemarketing. If you have thoughts on two-way versus one-way SMS you should weight in.

Third, the Commission seeks comment on a somewhat confusing proposal to require callers to offer a “revoke all” option if they intend to limit the scope of a “regular” opt out to a single purpose. This one feels like a bad idea because it seems to difficult to apply the rule in practice and to operationalize. The Commission asks whether it should require any such “revoke all” mechanism to be automated, and, if so, what specific forms such an automated mechanism should take. FCC also seeks comment on whether revocation requests apply only to the telephone number for which consent has been revoked rather than extend to all telephone numbers associated with a customer’s account. Very interesting stuff.

Fourth, the Commission sees comment on its intention “to clarify the application of the TCPA’s consent and revocation requirements where an entity operates through separate affiliates, lines of business, or divisions.” Currently a revocation requests applies affiliated entities if a “consumer reasonably would expect them to be included given the identification of the caller and (for telemarketing calls) the product being advertised.” That leaves a lot of guesswork for callers. The FCC is proposing to clarify this ruling and perhaps adopt “a new rule governing affiliates and separate lines of businesses or divisions.” Again impacted businesses should be prepared to weigh in.

I know there is a lot to digest between the FCC revocation rule change and the new NPRM. Don’t worry–we’re here for you.

This Thursday (Sept. 17, 2026) at 10 am pacific Troutman Amin, LLP will be putting on a CRITICAL webinar you all should attend. Registration is FREE for the first 500 registrants and then $199.00 thereafter. So get in early and get in free.

See you then.

Also if you have questions about how to comment to the Commission please feel free to reach out to Troutman Amin, LLP and we can walk you through the process.

Last, R.E.A.C.H. will obviously be weighing in here. If you’d like to be part of the process please give us a shout.

Chat soon!

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Published by Eric "Czar" Troutman

The Czar of TCPAWorld Eric Troutman is one of the country’s prominent class action defense lawyers and is nationally recognized in Telephone Consumer Protection Act (TCPA) litigation and compliance. He has served as lead defense counsel in more than 70 national TCPA class actions and has litigated nearly a thousand individual TCPA cases in his role as national strategic litigation counsel for major banks and finance companies. He also helps industry participants build TCPA-compliant processes, policies, and systems. Eric has built a national litigation practice based upon deep experience, rigorous analysis and extraordinary responsiveness. Eric and his team feel equally at home litigating multibillion dollar telecommunications class actions in federal court as they do developing and executing national litigation strategies for institutions facing an onslaught of individual TCPA matters. They thrive in each of these roles – delivering consistently excellent results – while never losing sight of the client experience. While many firms now tout TCPA expertise, Eric has been there from the beginning. He built one of the country’s first TCPA-only defense teams and began serving as national TCPA counsel for his clients nearly a decade ago. This perspective allows him to swiftly develop the right litigation strategies for dealing with recurring problems, without wasting time on tactics that are bound to fail. Eric’s rich historical perspective and encyclopedic knowledge of the TCPA landscape also make him an invaluable resource to institutional compliance teams struggling to comply with the shifting regulatory landscape. No task is too small – or too big. Indeed, Eric and his team have helped build TCPA-compliant systems and processes for some of the largest and most complex corporate entities in the country. He commonly works with in-house compliance counsel to build and implement enterprise and business-line specific TCPA solutions, performs TCPA audits and drafts and reviews proposed TCPA policies and procedures. He and his team also have the technical expertise necessary to assist call centers seeking to develop TCPA-resistant call path architecture or to modify existing telephony and software integration to better insulate from potential TCPA exposure. Eric has built a reputation for thought leadership. An avid blogger and speaker, he has been at the forefront of the industry’s effort to push for clarity and a return to sanity for the TCPA for years. He was selected to advocate for the financial services industry on important TCPA issues before the Federal Communications Commission and co-authored the nation’s only comprehensive practice guide on TCPA defense. In his spare time, Eric leads defense teams representing banks and other financial services companies in consumer finance litigation matters. He has experience representing clients in UCC, TILA, RESPA FCRA, CCRA, CLRA, FDCPA, RFDCPA and FCCPA claims, as well as in fraud and bank operations issues.

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