On September 9, 2026, the FCC released a draft Report and Order (R&O) and Further Notice of Proposed Rulemaking (FNPRM) titled “Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991.”  The draft has been circulated for consideration by the FCC at its September 30, 2026 open meeting.

The draft R&O and FNPRM address a range of consent revocation issues under the TCPA that have been pending before the agency since the last time the FCC promulgated rules in this area in 2024.  If adopted, the R&O will narrow the scope of consent revocations in the context of informational calls and texts.

In particular, the R&O will permit senders to interpret consent revocation requests as applying only to the specific category of informational call or text to which the revocation was directed, rather than to all informational calls or texts for which the consent was provided.  This change will not affect revocation requirements in the context of marketing calls and texts.

If adopted, the R&O also will also permit senders to designate one or more of the following methods as the exclusive means of revoking consent:

  1. An automated, interactive voice or key-press-activated opt-out mechanism on a call;
  2. Replying to an incoming text message with any of the following key words: stop, quit, end, revoke, opt out, cancel, unsubscribe; and/or
  3. Submitting an opt-out request on a website or telephone number designated by the sender.

If one or more of these exclusive methods is not designated, then a recipient must be able to revoke consent using any reasonable means, which is evaluated under a totality of the circumstances test.

Further, the R&O will modify the financial institution exemption so that the number used for certain communications related to fraud, identity-theft risk, security breaches, or other similar purposes need not come directly from the financial institution’s customer and may instead come from a specified reliable source, including an authorized spouse or family member on the account.  The R&O states that the change will allow financial institutions to more easily alert customers to fraudulent activity on their accounts.

Finally, the R&O will charge the FCC staff with reviewing and reorganizing the agency’s TCPA rules so they are easier to follow and understand.

In the FNPRM, the FCC will seek comment on issues in which the record to date has been mixed.  These issues include, for example, the timeframe for honoring consent revocation requests, one-way texting protocols that do not accommodate consent revocation replies, whether senders should be required to provide a “revoke all” method for revoking consent, and whether further guidance is needed to clarify how the TCPA’s consent and consent revocation requirements apply to affiliates, lines of business, or divisions.

If adopted in the same form as the draft, comments on the FNPRM will be due 30 days after publication in the Federal Register and reply comments will be due 60 days after publication.  The revised rules in the R&O will become effective 30 days after Federal Register publication.

Photo of Yaron Dori Yaron Dori

Yaron Dori has over 25 years of experience advising technology, telecommunications, media, life sciences, and other types of companies on their most pressing business challenges. He is a former chair of the firm’s technology, communications and media practices and currently serves on the…

Yaron Dori has over 25 years of experience advising technology, telecommunications, media, life sciences, and other types of companies on their most pressing business challenges. He is a former chair of the firm’s technology, communications and media practices and currently serves on the firm’s eight-person Management Committee.

Yaron’s practice advises clients on strategic planning, policy development, transactions, investigations and enforcement, and regulatory compliance.

Early in his career, Yaron advised telecommunications companies and investors on regulatory policy and frameworks that led to the development of broadband networks. When those networks became bidirectional and enabled companies to collect consumer data, he advised those companies on their data privacy and consumer protection obligations. Today, as new technologies such as Artificial Intelligence (AI) are being used to enhance the applications and services offered by such companies, he advises them on associated legal and regulatory obligations and risks. It is this varied background – which tracks the evolution of the technology industry – that enables Yaron to provide clients with a holistic, 360-degree view of technology policy, regulation, compliance, and enforcement.

Yaron represents clients before federal regulatory agencies—including the Federal Communications Commission (FCC), the Federal Trade Commission (FTC), and the Department of Commerce (DOC)—and the U.S. Congress in connection with a range of issues under the Communications Act, the Federal Trade Commission Act, and similar statutes. He also represents clients on state regulatory and enforcement matters, including those that pertain to telecommunications, data privacy, and consumer protection regulation. His deep experience in each of these areas enables him to advise clients on a wide range of technology regulations and key business issues in which these areas intersect.

With respect to technology and telecommunications matters, Yaron advises clients on a broad range of business, policy and consumer-facing issues, including:

Artificial Intelligence and the Internet of Things;
Broadband deployment and regulation;

IP-enabled applications, services and content;
Section 230 and digital safety considerations;
Equipment and device authorization procedures;
The Communications Assistance for Law Enforcement Act (CALEA);

Customer Proprietary Network Information (CPNI) requirements;

The Cable Privacy Act
Net Neutrality; and
Local competition, universal service, and intercarrier compensation.

Yaron also has extensive experience in structuring transactions and securing regulatory approvals at both the federal and state levels for mergers, asset acquisitions and similar transactions involving large and small FCC and state communication licensees.

With respect to privacy and consumer protection matters, Yaron advises clients on a range of business, strategic, policy and compliance issues, including those that pertain to:

The FTC Act and related agency guidance and regulations;
State privacy laws, such as the California Consumer Privacy Act (CCPA) and California Privacy Rights Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Virginia Consumer Data Protection Act, and the Utah Consumer Privacy Act;
The Electronic Communications Privacy Act (ECPA);
Location-based services that use WiFi, beacons or similar technologies;
Digital advertising practices, including native advertising and endorsements and testimonials; and

The application of federal and state telemarketing, commercial fax, and other consumer protection laws, such as the Telephone Consumer Protection Act (TCPA), to voice, text, and video transmissions.

Yaron also has experience advising companies on congressional, FCC, FTC and state attorney general investigations into various consumer protection and communications matters, including those pertaining to social media influencers, digital disclosures, product discontinuance, and advertising claims.

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Photo of Rosie Moss Rosie Moss

Rosie Moss is an associate in the firm’s Washington, DC office. She is a member of the Data Privacy and Cybersecurity Practice Group and the Technology and Communications Regulation Practice Group.

Rosie advises clients on a wide range of data privacy and technology…

Rosie Moss is an associate in the firm’s Washington, DC office. She is a member of the Data Privacy and Cybersecurity Practice Group and the Technology and Communications Regulation Practice Group.

Rosie advises clients on a wide range of data privacy and technology regulatory issues, including emerging artificial intelligence compliance matters. She assists clients in complying with federal and state privacy laws and Federal Communications Commission (FCC) regulations. Rosie also maintains an active pro bono practice.

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