Robocalls, Robotexts, and Consumer Consent Under the TCPA: Practical Steps for Compliance, Mitigating Legal Risks

In 2024, the FCC introduced new rules under the TCPA aimed at curbing unwanted robotexts and robocalls. The rules include new and stringent requirements for obtaining and revoking consumer consent. The revocation of consent rules allow consumers to withdraw their consent to receive such communications at any time and through any reasonable means. This change significantly impacts how businesses must handle consumer consent and manage their communication practices.

Another rule change that would have significantly altered requirements for obtaining consent to place robocalls or robotexts under the TCPA--the one-to-one consent rule--was postponed by the FCC for at least one year. On the same day, in Insurance Marketing Coalition v. FCC, the Eleventh Circuit Court of Appeal vacated the rule, finding that the new consent restrictions conflict with the statutory meaning of "prior express consent," and remanded the rule to the FCC for further proceedings. Businesses and their counsel should continue to monitor for new developments related to the rule.

Violations of these new rules can lead to severe consequences, including hefty fines and legal actions. Companies must review and update their current practices to align with the new rules. This webinar will provide a comprehensive overview of the FCC's new rules, practical steps for compliance, and strategies to mitigate legal risks.

Listen as our expert panel delves into the details of the FCC’s new robotext and robocall rules, their implications for businesses, and practical steps for compliance.

1. Overview of the TCPA
2. Revocation of consent rules
   1. Key changes and significance
   2. Methods for revoking consent
   3. Impact on business communication practices
3. One-to-one consent rule
   1. Status
   2. Impact of the new administration
   3. Implications for businesses
4. Legal and regulatory challenges
   1. Jan. 20, 2025 executive order issuing regulatory freeze
   2. McLaughlin Chiropractic Assoc. Inc. v. McKesson Corp.
5. Trends in TCPA litigation
6. Actions businesses should take now
   1. Adhere to existing prior express written consent rule
   2. Review and update consent practices
   3. Review and update procedures for tracking and responding to consent revocations
   4. Monitor the TCPA space for future rules and rule changes

The panel will review these and other key issues:

• Key provisions of the revocation of consent rules
• The impact of the postponement of the one-to-one consent rule
• Legal risks and penalties for TCPA noncompliance
• Practical steps for businesses and counsel