On Tuesday 7th October the FCC issued a draft communication that includes an item to eliminate the ‘revoke-all’ consent rule that is currently scheduled to come into effect in April 2026. Updates to consent revocation requirements were first announced in the spring of 2024 and parts of the original rule came into effect in April this year while others have been delayed in response to input to the FCC from the financial and healthcare industries. This blog will recap broadly the consent revocation requirements and outline the stages and timings for the next round of comments.
The updates to consent requirements intend to provide consumers with more control over automated calls and texts they receive from businesses across all industries. The are 4 main areas within the consent revocation rule:
- Revoke all. When a consumer opts-out of an automated message or call from a company, they must be opted out from all automated calls from that company where consumer consent is required. This applies across channels. When a consumer opts-out, companies can include a clarification step where the consumer can select the topics for which they continue to receive automated calls and texts.
- Opt-out terms. 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. and other words and phrases can be used to opt-out in a reasonable manner.
- Any means. Businesses must honor any consumer opt-out that is made using reasonable means. The onus is on the organization to demonstrate a consumer’s request is not reasonable to process.
- 10 business days. 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.
Items 2-4 came into effect on April 10, 2025, however item 1, the revoke all rule, is delayed for 12 months following input from industry stake holders. mPulse petitioned the FCC to delay the rule (view letter here) alongside key financial associations. Currently, the rule is due to come into effect on April 10, 2026, if no change to the rule goes ahead.
When in Doubt, Opt them Out
Within the healthcare industry, the technical complexity to coordinate consumer opt-outs across channels, vendors and business units is complex and requires significant technological and process investment. Adding a clarification step which allows the consumer to select messages and calls they want to receive by topic provides additional control to consumers but adds further complexity. This additional step is like topic-based subscriptions to email content that have been adopted by many organizations. To deploy the confirmation step, organizations need to adjust their program design and have processes for capturing consent at the topic level.
In September 2025 the American Banking Association and the National Consumer Law Center (two associations that normally trend to opposing sides of the pro-business vs. pro-consumer interpretation of the TCPA) have petitioned the FCC to eliminate two parts of the consent revocation rulemaking. The ‘revoke all’ and the ‘any means’ requirements. Their main concerns center around the risk of consumers unwittingly opting out of important communications from an organization and the technical lift to implement systems to manage consent at the topic level.
Last week’s announcement by the FCC includes a broad range of items from caller identity information to controlling spoof calls that originate from outside the US. It specifically proposes to delete the requirement that a caller must treat an opt-out request made in response to one type of call to be an opt-out request for all types of calls or modify it to give consumers greater control over their right to stop unwanted calls. The notice provides a healthcare example where they highlight the rule may unduly restrict consumers’ ability to receive calls from healthcare providers that might have multiple locations or practice specialties or from pharmacies.
This update creates uncertainty around the revoke all rule which has been delayed once and is due to come into effect in April 2026. The FCC will host an open meeting on October 28th to vote on whether to adopt a rulemaking phase and open a period of comments. Assuming the vote passes, a conservative estimate of the timings for the comment stages and drafting of a new rule goes beyond April 2026. It is likely there will be a period of time where the status of the revoke all is unclear as updated rules are in development
It is too early to say whether the FCC is trending towards eliminating the rule completely or establishing an alternative approach for managing consent across different messaging types. Ultimately, the best outcomes is one that empowers consumers and is appropriate across different industries. Much of the concern for the revoke all rule has come from industries where there is complexity across messaging types and/or a range of different departments communicating with consumers. Assuming the vote is passed, and a rulemaking and comment period is opened, it is important to make sure the needs of health consumers and healthcare organizations are well understand by the FCC and considered appropriately.
To discuss any of these updates please email info@mpulse.com and we can connect you to one of our TCPA SMEs.
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