ADventures in Law

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On April 11, 2025, the Federal Communications Commission (FCC) granted a waiver of part of 47 C.F.R. § 64.1200(a)(10) – specifically, the portion of the rule “requiring callers to treat a request to revoke consent made by a called party in response to one type of informational message as applicable to all future robocalls and robotexts from that caller on unrelated matters.”<a href="#_ftn1" id="_ftnref1">[1]</a> The waiver, however, was set to expire on April 11, 2026.

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On Jan. 7, the FCC extended the waiver until Jan. 31, 2027, for the following reasons: (1) to review the record compiled in response to a recent further Notice of Proposed Rulemaking<a id="_ftnref2" href="#_ftn2">[2]</a> and (2) to avoid imposing potentially unnecessary compliance costs on affected parties. The 2026 Waiver Order can be found <a href="https://admin.bakerlaw.com/wp-content/uploads/2026/01/DA-26-12A1.pdf" target="_blank" rel="noreferrer noopener">here</a>.

The 2025 Waiver Order found there was good cause for waiver “to allow affected parties a reasonable opportunity to implement modifications to process revocation requests in accordance with this rule.”<a href="#_ftn3" id="_ftnref3">[3]</a> But after a rulemaking proceeding seeking comment “on ways [the FCC] can modify” the requirement, the 2026 Waiver Order found that waiver was appropriate “[g]iven the possibility the Commission may modify the existing requirement.”

The extension, and possibility of modification, is good news for entities that would face significant costs to comply with the regulation. But regardless of the outcome, honoring, tracking, and recording revocations is critical to managing TCPA risk.

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<a href="#_ftnref1" id="_ftn1">[1]</a> Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278, Order, 40 FCC Rcd 2395 (CGB 2025).

<a href="#_ftnref2" id="_ftn2">[2]</a> Advanced Methods to Target and Eliminate Unlawful Robocalls, Call Authentication Trust Anchor, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Ninth Further Notice of Proposed Rulemaking in CG Docket No. 17-59, Seventh Further Notice of Proposed Rulemaking in WC Docket No. 17-97, Further Notice of Proposed Rulemaking in CG Docket No. 02-278, FCC 25-76 at paras. 101-04 (2025).

<a href="#_ftnref3" id="_ftn3">[3]</a> See 2025 Waiver Order, 40 FCC Rcd at 2395, para. 1.

FCC Extends Waiver That Would Require Callers To Apply a Revocation of Consent to All ‘Robocalls or Robotexts’ from the Caller