At the start of 2024, the FCC outlined changes in how consumers can revoke consent from pre-recorded voice and autodialed text programs. Recently, the FCC has confirmed these requirements will become effective starting April 11, 2025. These updates will require health plans adopt cross-channel opt-out strategies and natural language understanding (NLU) capabilities to better identify messages where the consumer is intending to opt-out. This blog will demystify key changes and what healthcare organization need to know to prepare to remain compliant with the FCC and TCPA.
Revoking Consent in Any Reasonable Manner
The rules specify text messaging programs must recognize “stop”, “quit”, “end”, “revoke,” “opt out”, “cancel”, or “unsubscribe” via text message as means to revoke consent. However, other words and phrases can be used to opt-out in a reasonable manner, and the onus is on the sender to justify why use of alternative word or phrases are not reasonable. The sender cannot limit how consumers may revoke consent, and they must honor any reasonable revocation requests that are made. This means consumers can use alternative communication channels, such as email, mail or on a website, to revoke consent provided they are considered reasonable. If challenged, the onus is on the sender to demonstrate a consumer’s request is not reasonable to process.
Clarification of Opt-outs
Senders are allowed to send a one-time confirmation text after a consumer opts-out of a text messaging program to confirm the consumer’s request. Senders can include a request for clarification in instances where the text recipient has consented to several categories of messages from the sender. This gives consumers the opportunity to specify which types of messages they wish to no longer receive when the texter sends different types of messages. This clarification step is important in the healthcare setting, where patients and health plan members may receive messages across a range of health topics and relate to different types of operations. Organizations must have a clear strategy for structuring their programs and opt-out processes to maintain a good consumer experience and to keep digital outreach an effective strategy for achieving key business goals. The confirmation message, which can include program clarification, should be actioned within 5 minutes of receipt of the consumers opt-out reply.
Cross Channel Opt-Outs
The rules specify consumer opt-outs must be actioned across communication channels regardless of the medium or channel used to communicate the revocation of consent. For example, if a consumer opts-out of a IVR program, this is deemed to mean the consumer does not want to receive any automated voice or message outreach from that organization (or on that topic if the organization manages opt-outs at the message/call type level), so the consumer is removed from all relevant IVR and text message programs. This clarification is based on the fact the FCC considers consent is granted from the consumer to a calling party and relates to a particular wireless phone number or residential line. Revocation of consent is therefore an instruction that a caller no longer contacts the consumer at that number.
Understanding consumer preferences is a key strategy to prevent unnecessary opt-outs. When an organization sends a communication to a consumer on a non-preferred channel, they may opt-out not realizing that it will stop all communications from that organization, including their channel of preference. Establishing and maintaining insights on preference management at the individual level will create better experiences and ensure more members can be engaged across important health topics.
10-Day Timeframe
The rule requires that opt-out requests are actioned as soon as possible and no later than 10-days from the receipt of the opt-out request. The opt-out timeframe relates to opt-outs and revocation requests across pre-recorded voice and autodialed text.
Establishing Best Practices
Healthcare organizations must establish clear consent management strategies and processes to remain compliant with these updates and continue to deliver valuable consumer experiences. The following areas are opportunities for organizations to establish best practices and create operational efficiencies:
- Robust centralized preferences and consent management
- Streamlined capture of program opt-outs from partner vendors
- Consolidation of communication and engagement vendors
- Classifying programs across topics and developing consent strategies by topic area with alignment across departments
- Consumer channel preference insights and ongoing management
To discuss how these recent TCPA updates will impact your organization and explore strategies to establish best practices please reach out to the mPulse team.
