FCC Proposes Major TCPA Rule Changes on Texting and Consent Revocation
The FCC proposes major TCPA rule changes on two-way texting, consent revocation, and affiliate liability.
Why it matters: Communication compliance pros and legal counsel must prepare for new rules that affect marketing practices and legal exposure under TCPA.
- The FCC released a draft Report and Order (R&O) and Further Notice of Proposed Rulemaking (FNPRM) on September 9, 2026, targeting TCPA rules.
- Consent revocation can apply to specific communication categories, not all communications, under the proposed rules.
- Callers may designate exclusive methods for revocation, such as automated voice systems, reply keywords, or websites.
- The FCC seeks public comment on revocation timeframes, two-way texting revocation, and affiliate opt-out responsibilities.
On September 9, 2026, the Federal Communications Commission (FCC) released a draft Report and Order (R&O) and Further Notice of Proposed Rulemaking (FNPRM) introducing significant changes to the Telephone Consumer Protection Act (TCPA) regulations. The proposal focuses on clarifying consent revocation, enhancing two-way texting rules, and addressing affiliate liability.
Under the draft R&O, senders could interpret consent revocation requests for specific informational calls or texts as applying only to that category. For example, a consumer opting out of marketing texts wouldn't necessarily block critical alerts, a point highlighted by Jason Stverak, Chief Advocacy Officer at DCUC: "An opt-out of one type should not prevent a credit union from sending security alerts."
The FCC would allow callers to designate one or more exclusive consent revocation methods. These methods might include an automated voice menu or key-press options during a call, replying to a text with specific keywords, or submitting a revocation via a website or phone number designated for this purpose. As noted by the Ecommerce Innovation Alliance, these automated methods strike a balance between consumer convenience and operational efficiency.
The FNPRM requests feedback on key issues, including the timeframe to honor revocations, requiring two-way texting functionality to allow revocation by reply text, and the treatment of affiliates for opt-out purposes.
The FCC’s open meeting to consider these proposals is scheduled for September 30, 2026. Following the Federal Register publication, a 30-day public comment period and an additional 60-day reply comment period will ensue.
These proposed changes aim to modernize TCPA rules to reflect current communication technologies and practices, posing significant considerations for legal counsel and compliance officers managing TCPA-related risks in consumer communication.
By the numbers:
- September 9, 2026 — FCC releases TCPA draft R&O and FNPRM
- September 30, 2026 — FCC open meeting to consider TCPA proposals
- 30 days — initial public comment period after Federal Register publication
- 60 days — reply comment period after Federal Register publication
Yes, but: The FCC has not provided specific enforcement details or a definitive timeline for implementing these changes, leaving some uncertainty for compliance planning.
What's next: The FCC's open meeting on September 30, 2026, will determine whether to adopt the proposed TCPA changes; public comments will influence the final rules.