The Federal Communications Commission (FCC) published rule revisions to the Telephone Consumer Protection Act (TCPA) in the Federal Register on January 26th, advancing methods to eliminate unlawful text messaging and robocalls.

• Blocking unwanted texts
  The FCC mandates mobile wireless providers to block text messages from specific numbers upon notification from the Commission.

• Extension of DNC protections to text messages
  The Commission codifies that the National Do-Not-Call (DNC) Registry's protective measures apply to text messages.

• Addressing email-to-text abuses
  Recognizing email-to-text as a major source of illegal texts, the FCC encourages mobile wireless providers to make this service opt-in for consumers.

• 1:1 Consent and the ​lead generator loophole
  The Commission closes the lead generator loophole by requiring comparison shopping websites to obtain consumer consent on a one-to-one basis when prior express written consent is necessary. Lead generation forms will not be able to list several sellers in a single consent form or use “marketing partners” hyperlinks to obtain consent for multiple sellers.

• Limited waiver for Reassigned Numbers Database (RND)
  The FCC introduces a limited waiver that allows providers to use the Reassigned Numbers Database (RND) to determine whether a number, that was previously ordered to be blocked, has been permanently disconnected.

It is important to note that the Prior Express Written Consent (PEWC) rule revisions will become effective in January 27, 2025. As Michele Shuster states in the recent M&S alert,

Prior express written consent (PEWC) must be obtained on a one-to-one basis. Lead generation forms will not be able to list several sellers in a single consent form or use “marketing partners” hyperlinks to obtain consent for multiple sellers. Calls and texts must be logically and topically related to the website where the consumer provided consent.

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