New Effective Date for TCPA Opt-Out Rule!

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Although originally adopted on February 16, 2024, the Federal Communications Commission again has decided to delay the effective date of its opt-out regulation until January 31, 2027. We discuss the reasoning for the most recent delay below.

TCPA Opt-Out Regulation Delayed, Again

Slated to go into effect on April 11, 2025, the FCC’s opt-out rule amended the Telephone Consumer Protection Act’s (“TCPA”) implementing regulations to require callers to treat opt-out requests in response to one type of message as applicable to all future calls/texts (“Opt-Out Regulation”). After delaying the effective date to April 11, 2026, on October 7, 2025, the FCC solicited comments concerning, among other things, whether it should modify the Opt-Out Regulation “to give consumers more control over their right to stop unwanted calls.” In response to implementation challenges cited by both consumer advocacy groups and financial institutions, the FCC found good cause to further delay the Opt-Out Regulation’s effective date until January 31, 2027.

TCPA Opt-Out Regulation in Limbo

Given this latest delay, it is very possible that the Opt-Out Regulation will look vastly different (if not eliminated outright) once it becomes effective; and we will keep you apprised of any and all developments. As it stands, however, the Opt-Out Regulation will go into effect on January 31, 2027, and companies need to prepare accordingly.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

© Klein Moynihan Turco LLP

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