On Sept. 9, 2026, the Federal Communications Commission released a draft Report and Order and Further Notice of Proposed Rulemaking that would, if adopted, substantially revise its consent and opt-out requirements for calls and texts, which the draft references collectively as “robocalls,” under the Telephone Consumer Protection Act (TCPA).
The Report and Order
If adopted in its present form, the Report and Order would make several key changes to the TCPA’s consent and opt-out requirements for robocalls.
Narrowing the Revoke-All Requirement
The Report and Order would narrow the scope of the FCC’s delayed “revoke-all” requirement for informational robocalls. The FCC adopted the revoke-all requirement in 2024 but later delayed its effective date. It is now set to take effect Jan. 31, 2027, unless the Report and Order takes effect earlier.
In its present form, the revoke-all requirement instructs callers to permit consumer opt-outs by “any reasonable method” and directs callers to treat a consumer’s opt-out as revoking consent for all future robocalls previously authorized.
The Report and Order would narrow the revoke-all requirement, in response to concerns previously raised by commentators, including the American Bankers Association and consumer advocates.
The draft rule would alter the existing framework. Rather than requiring callers to interpret consumers’ opt-outs as applying to all future robocalls for which consent was given, callers would be permitted to interpret the opt-out as “applying only to the specific category of informational robocalls to which the revocation was directed.”
For example, if a consumer submitted an opt-out in response to a payment reminder, the caller may be able to continue sending the consumer other categories of robocalls, like fraud alerts or account security notifications.
The Report and Order specifically cites concerns that the revoke-all requirement, in its present form, might inadvertently prevent consumers from receiving robocalls they still want and need, like fraud alerts.