The FCC Revokes the Revoke All Rule
The FCC[1] just revised calling/texting rules to (i) stop the implementation of the “revoke all” rule, and (ii) allow businesses to designate an exclusive method of revoking consent. These are among the most significant changes to the TCPA rules in a newly released FCC Report and Order and Further Notice of Proposed Rulemaking (“2026 Order”). This is good news for businesses that call or text their customers, as it gives more flexibility under the TCPA rules. In light of this update, companies may want to consider adjusting their calling and texting practices.
Background
We have been tracking FCC consent changes since the bombshell adoption of an FCC Consent Order in 2024 (see our article, here). As discussed in our previous article, the FCC subsequently delayed implementation of certain provisions of the 2024 Consent Order. What remained pending was (i) a broad requirement that consumers have the right to send a single opt-out request that revokes consent to receive all communications from a particular business; and (ii) a requirement that this single opt-out be honored across multiple programs (e.g., transactional and marketing) and mediums (call and text). The FCC postponed the effective date of these “revoke all” provisions twice, with the latest extension until January 31, 2027.
The New FCC Opt-Out Rule
The 2026 Order now kills the “revoke all” rule and replaces it with a much more nuanced and specific approach to honoring opt-outs. For example, it changes how far an opt-out reaches, depending on the type of call or text:
Informational: Callers/senders can interpret a revocation request as applying only to the specific category of informational robocalls/texts to which the revocation was directed. We interpret this as meaning that a business can differentiate between different categories of informational/transactional calls/texts, and an opt-out of one of those categories does not require an opt-out of all informational calls/texts.
Marketing: Revocation requests made in response to marketing robocalls/texts are a revocation of consent to all future marketing robocalls/texts from that caller/sender.
Before the 2026 Order, the FCC required that in all instances a business must honor revocation of consent to be called/texted by any reasonable means (the standard since 2015). Under the 2026 Order, the caller/sender “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.”[2]
Businesses that do not designate an exclusive method must still honor opt-outs made by any reasonable means. The updated rules also put into place certain compliance measures, including a clear and conspicuous disclosure of the designated method, which for texts may be satisfied by including at least one of the enumerated standardized words in (ii) above.
Note that actual implementation of these new FCC rules is complex, and any business implementing the new rules should take into consideration the nuances of the 2026 Order, how marketing/informational messages are interpreted by the FCC and the courts, and other potential risks. Before making changes, we recommend a careful review of the 2026 Order and that technical and organizational measures be put into place before differentiating separate informational texting campaigns or designating an exclusive method of opting out.
Other Items of Note in the 2026 Order
The 2026 Order also loosens the exemption that allows financial institutions to send certain fraud, identity theft, and data security calls/messages to wireless numbers without prior consent. Previously, those messages had to go to a customer-provided number. Now, the calls/messages may also go to a number from a "reliable source," meaning a number from an authorized family member, the customer's call to the institution, or another financial institution's records.
The FCC is also seeking comment on (i) whether to change the amount of time callers have to process opt-out requests, (ii) whether texting programs need to support replies, (iii) whether to require a “revoke all” method, and (iv) how the rules should treat affiliates.
Final Thoughts
Businesses that had been preparing for the January 31, 2027, revoke-all date may want to revisit those plans now. The 2026 Order is effective 30 days after Federal Register publication. Though, before relying on the new rules, it is worth reviewing how your company's calling and texting programs are set up and how opt-outs are handled across them today. InfoLawGroup advises businesses on calling and texting compliance and will continue to follow the Further Notice of Proposed Rulemaking within the 2026 Order as it develops.
[1] The Federal Communications Commission (“FCC”) is the federal agency responsible for promulgating and enforcing regulations implementing the Telephone Consumer Protection Act (“TCPA”).
[2] These are changes to § 64.1200 Delivery Restrictions
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. This summary does not constitute legal advice.