FCC Further Extends Effective Date of the TCPA's Consent Revocation Rule

by: Jamie Rubin

Hot off the press, the FCC’s Consumer and Governmental Affairs Bureau just extended the effective date of its “revocation of consent” rule to January 31, 2027 “to allow sufficient time to review the record compiled in response to a recent Further Notice of Proposed Rulemaking and to avoid imposing potentially unnecessary compliance costs on affected parties.”  A copy of the order is available HERE and our prior coverage of this and related rules is available HERE. 

The FCC is considering the exact question many companies have been grappling with for this rule since its inception – i.e., should one opt-out really equal opt-out for all calls and texts (including across brands, related companies, etc.)?

In the January 6, 2026 order, the FCC stated:

“We find that good cause exists to extend the waiver of the effective date of section 64.1200(a)(10) of the Commission’s rules to the extent that it requires callers to apply a request to revoke consent made in response to one type of message to all future robocalls and robotexts from that caller on unrelated matters.”

The FCC continued:

“Given the possibility the Commission may modify the existing requirement, we find that good cause exists and the public interest is served by extending the waiver. This extension will allow the Commission to fully assess the record compiled in response to this request for comment on this matter.19 Multiple organizations have indicated that, absent a delay, they will face significant hardship and resource burdens to comply with the rule.20 For example, several electric utilities report that they would need to invest “substantial funds, personnel resources, and time” to modify “communications systems and coordinate with third-party vendors.”21 A further extension of the rule’s effective date until the Commission decides whether to change the rule will avoid premature and potentially unnecessary compliance efforts and costs.”

What’s next?  Regardless of how the rule is adjusted, companies should audit their current programs to understand how opt-ins and opt-outs are currently being handled, internally and by vendors.  Having that understanding is necessary regardless of how this rule plays out, particularly since TCPA litigation remains extremely active and costly.  Auditing your current program is an essential investment to help avoid claims now and in the future however regulation continues to develop.  Call us if you need help.

Originally published by InfoLawGroup LLP. If you would like to receive regular emails from us, in which we share updates and our take on current legal news, please subscribe to InfoLawGroup’s Insights HERE.