May 5, 2025
LEGAL UPDATE: THE FCC ISSUES AN ORDER DELAYING A PART OF THE CONSENT REVOCATION RULE WHICH REQUIRES THAT FOLLOWING A CONSUMER’S REVOCATION, BUSINESSES STOP ALL TYPES OF COMMUNICATIONS.
The Federal Communications Commission (“FCC”) has issued an order delaying the consent revocation rule, only to the extent that the rule requires callers to treat a request to revoke consent in response to one type of message as applicable to all future robocalls and robotexts on unrelated matters. The FCC’s order delays the effective date for this requirement until April 11, 2026, to allow businesses the opportunity to modify communications in a way that ensures they can process revocation requests in accordance with the rule.
- WHAT PART OF THE RULE IS DELAYED? The requirement to treat opt-out requests as applying across all unrelated robocalls and robotexts from a sender is now delayed until April 11, 2026.
- WHY IS THE RULE BEING DELAYED? This extension provides businesses with a window for organizations to upgrade communication systems, clarify the scope of the consumer’s revocation, and align operations to handle revocations in compliance with the rule.
- WHAT PART OF THE RULE GOES INTO EFFECT APRIL 11, 2025? The April 11, 2025, deadline remains in effect for most parts of the rule including the requirements that businesses provide consumers with an easy way to opt-out of receiving robocalls and robotexts (i.e. responding stop or quit) and that businesses comply with revocation requests within 10 business days.
WHAT DOES THIS MEAN FOR YOUR BUSINESS?
- If your business is sending robocalls and robotexts, make sure that you provide consumers with a clear and easy way to opt-out.
- If the consumer opts out, ensure that you comply within 10 business days.
- Consider providing an opt-out confirmation message where consumers may clarify the scope of their revocation.
We will continue to monitor FCC guidance and provide you with the resources that you need to ensure compliance.
For additional resources, visit our MIAMI REALTORS® TOOLKITS:
- CHECKLIST: COMPLIANCE WITH TCPA AND FTSA. This is a checklist you can use to ensure your business is complying with the TCPA and the FTSA.
- SAMPLE LOG. This is a sample log to help your business in documenting consumer consents and revocations.
- SLIDE DECK: TEXT, CALL, AND MARKET – THE RIGHT WAY!This is an overview of the Do Not Call Registry (National and Florida), the Telephone Protection Act (“TCPA”), and Florida’s Telephone Solicitation Act (“FTSA”), and best practices to ensure compliance.
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March 17, 2025
LEGAL UPDATE: COMPLYING WITH THE TCPA AND THE FTSA
On April 11, 2025, the Federal Communications Commission’s “consent revocation” rule takes effect. This new rule, under the Telephone Consumer Protection Act (“TCPA”), requires that businesses provide consumers with an easy way of revoking consent by responding “stop” or “quit” to text messages. Businesses only have 10 business days to comply with a consumer’s revocation request.
Here are some best practices to ensure compliance with the TCPA and the Florida Telephone Solicitation Act (“FTSA”):
1. Check the National Do Not Call Registry and Florida’s Do Not Call Registry regularly (every 30 days).
2. “Cold calling” is okay when the consumer is not on the Do Not Call Registries and you stick to manual dialing.
3. If you use an auto-dialer, ensure you have obtained the consumer’s “prior express written consent.”
What is an auto-dialer?
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- Under the TCPA, an auto-dialer has the capacity to store or produce numbers using a random or sequential number generator.
- Under the FTSA, an auto-dialer is an automated system that selects and dials numbers.
- Florida’s definition of an auto-dialer is broader than the TCPA’s definition, and therefore includes more types of auto-dialers.
What is prior express written consent?
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- Requires the signature of the consumer. A signature may be the consumer checking a box indicating consent or responding affirmatively to a text message.
4. Provide consumers with an easy way of revoking consent by responding “stop” or “quit” to text messages. Comply with revocation request within 10 business days.
5. Keep a log of the consumers you are calling.
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- Include the date you checked the Do Not Call Registries and the date the consumer provided “prior express written consent.”
- If consent is revoked, document the revocation date and the date you complied with their revocation.
- Here is a SAMPLE LOG to help you get started with keeping accurate records.
For additional resources, visit our MIAMI REALTORS® TOOLKITS:
- CHECKLIST: COMPLIANCE WITH TCPA AND FTSA. This is a checklist you can use to ensure your business is complying with the TCPA and the FTSA.
- SAMPLE LOG. This is a sample log to help your business in documenting consumer consents and revocations.
- SLIDE DECK: TEXT, CALL, AND MARKET – THE RIGHT WAY! This is an overview of the Do Not Call Registry (National and Florida), the Telephone Protection Act (“TCPA”), and Florida’s Telephone Solicitation Act (“FTSA”), and best practices to ensure compliance.
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This page and all posts are meant to provide education and information on relevant legal topics facing the industry and are not a substitute for legal advice. This website contains links to other third-party websites. Such links are only for the convenience of the reader, user, or browser. MIAMI REALTORS® does not recommend or endorse the contents of third-party sites. For legal advice or representation, contact private counsel or call the Florida REALTORS® Legal Hotline (1-407-438-1409). The information and materials on MIAMI REALTORS®’ website are provided for educational and informational purposes only and should not be construed as legal advice or as an offer to perform legal services on any subject matter. It contains general information and may not reflect current legal developments or information. Nothing is intended to create an attorney-client relationship and shall not be construed as legal advice. The information is not guaranteed to be correct, complete, current, or suitable. MIAMI REALTORS® makes no warranty, expressed or implied, about the accuracy or reliability of the information in this program or materials. Recipients of the information in this program or materials should not act or refrain from acting on the basis of any information without seeking appropriate legal advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. MIAMI REALTORS® expressly disclaims all liability with respect to actions taken or not taken by the recipient based on any or all of the information in this information and materials.
