Federal Communications Commission	DA 26-12


Before the  
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554


In the Matter of

Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991


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CG Docket No. 02-278
ORDER

Adopted:  January 6, 2026	Released:  January 6, 2026

By the Chief, Consumer and Governmental Affairs Bureau: 

I. INTRODUCTION
1. In this Order, we extend the waiver of section 64.1200(a)(10) of the Commission’s rules to the extent the rule requires callers to treat a request to revoke consent made by a called party in response to one type of informational message as applicable to all future robocalls and robotexts from that caller on unrelated matters. See Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278, Order, 40 FCC Rcd 2395 (CGB 2025) (granting a waiver delaying the effective date of this requirement until April 11, 2026) (2025 Waiver Order).  For purposes of this Order, the terms “robocall” and “robotext” mean any call or text made using an autodialer or any call that contains an artificial or prerecorded voice message.
  Specifically, we find that good cause exists to extend the effective date for this requirement until January 31, 2027, to allow sufficient time to review the record compiled in response to a recent Further Notice of Proposed Rulemaking and to avoid imposing potentially unnecessary compliance costs on affected parties. See Advanced Methods to Target and Eliminate Unlawful Robocalls, Call Authentication Trust Anchor, Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Ninth Further Notice of Proposed Rulemaking in CG Docket No. 17-59, Seventh Further Notice of Proposed Rulemaking in WC Docket No. 17-97, Further Notice of Proposed Rulemaking in CG Docket No. 02-278, FCC 25-76 at paras. 101-04 (2025) (2025 TCPA FNPRM).  

II. BACKGROUND
2.  TCPA Consent Order.  On February 16, 2024, the Commission released the TCPA Consent Order adopting various rules governing, and issuing clarifications relating to, the ability of consumers to revoke consent to receive unwanted robocalls and robotexts. See Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, CG Docket No. 02-278, Report and Order and Further Notice of Proposed Rulemaking, 39 FCC Rcd 1988 (2024) (TCPA Consent Order).  The Telephone Consumer Protection Act (TCPA) generally requires any person making robocalls or sending robotexts to obtain the recipient’s prior express consent absent an emergency purpose or an applicable exemption.  See 47 U.S.C. § 227(b).
   In so doing, the Commission adopted section 64.1200(a)(10) of the rules, which requires in relevant part that “[i]f a called party uses any [reasonable] method to revoke consent, that consent is considered definitively revoked and the caller may not send additional robocalls and robotexts.” See 47 CFR § 64.1200(a)(10).

3. The Commission also clarified that for those robocalls for which consent is required under the TCPA “[o]nce that consent is revoked, the caller may no longer make robocalls or send robotexts to a called party absent an exemption to the consent obligation.” TCPA Consent Order, 39 FCC Rcd at 1997, para. 29.
  On October 11, 2024, the Commission published in the Federal Register an announcement that the effective date of the amendments and new rules set forth in the TCPA Consent Order, including those contained in 47 CFR § 64.1200(a) (10), would be April 11, 2025. See Federal Communications Commission, Strengthening the Ability of Consumers to Stop Robocalls, 89 Fed. Reg. 82518 (Oct. 11, 2024).

4. 2025 Waiver Order.  On April 7, 2025, the Commission granted a waiver delaying the effective date of section 64.1200(a)(10) until April 11, 2026. See 2025 Waiver Order, 40 FCC Rcd at 2397, para. 8.
  The Commission did so after several associations of banks and financial institutions filed a request asking the Commission to “waive the revocation rules established by the Order for a period of one year, to April 11, 2026.” Letter from American Bankers Association, ACA International, American Financial Services Association, America’s Credit Unions, Mortgage Bankers Association, to Marlene H. Dortch, Secretary, FCC, at 1-2 (filed Mar. 12, 2025) (ABA et al. Mar. 12 ex parte); see also Letter from American Bankers Association, ACA International, American Financial Services Association, America’s Credit Unions, Mortgage Bankers Association, to Marlene H. Dortch, Secretary, FCC, at 1 (filed Mar. 27, 2025) (ABA et al. Mar. 27 ex parte).
  These parties argued that there is good cause under section 1.3 of the Commission’s rules to waive the effective date of the revocation rules for one year because financial institutions face numerous challenges modifying existing communications to process “a revocation sent in response to one business unit’s call or text so that all business units cease placing calls or texts to the consumer.” ABA et al. Mar. 12 ex parte at 1.
  The Commission found that good cause existed to allow affected parties a reasonable opportunity to implement modifications to process revocation requests in accordance with this rule. See 2025 Waiver Order, 40 FCC Rcd at 2395, para. 1.

5. TCPA Further Notice of Proposed Rulemaking.  On October 29, 2025, the Commission sought comment, among other issues, “on ways we can modify 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 to modify it to give consumers greater control over their right to stop unwanted calls.” See 2025 TCPA FNPRM at para. 101 (emphasis in the original).
  In so doing, the Commission delegated to the Consumer and Governmental Affairs Bureau (CGB) the authority to take action to extend the effective date should the need arise. Id. at n.123.
  Several parties, including consumers groups and financial institutions, have requested that the Commission further extend the current effective date to allow an opportunity to revisit this issue. See Letter from Jonathan Thessin, Vice President and Senior Counsel, American Bankers Association, and Patrick Crotty, Senior Attorney, National Consumer Law Center, to Brendan Carr, Chairman, FCC, CG Docket No. 02-278 (filed Sept. 18, 2025) (ABA/NCLC ex parte); Letter from Brett Heather Freedson, Counsel to American Electric Power Company, Inc., Dominion Energy Inc., and Xcel Energy Services, Inc., to Marlene Dorch, Secretary, FCC, CG Docket No. 02-278 (filed Oct. 21, 2025) (Electric Utilities ex parte).

III. DISCUSSION
6.  We find that good cause exists to extend the waiver of the effective date of section 64.1200(a)(10) of the Commission’s rules to the extent that it requires callers to apply a request to revoke consent made in response to one type of message to all future robocalls and robotexts from that caller on unrelated matters.  For the reasons discussed below, we extend the effective date of any such requirement until January 31, 2027.  
7. The Commission’s rules may be waived for good cause shown. 47 C.F.R. § 1.3.
  The Commission may exercise its discretion to waive a rule where the particular facts make strict compliance inconsistent with the public interest. Northeast Cellular Telephone Co. v. FCC, 897 F.2d 1164, 1166 (D.C. Cir. 1990).
  In addition, the Commission may take into account considerations of hardship, equity, or more effective implementation of overall policy on an individual basis. WAIT Radio v. FCC, 418 F.2d 1153, 1157 (D.C. Cir. 1969).
  Waiver of the Commission’s rules is therefore appropriate if special circumstances warrant a deviation from the general rule, and such a deviation will serve the public interest. WAIT Radio, 418 F.2d at 1159; Northeast Cellular, 897 F.2d at 1166.  

8. As discussed above, the Commission recently initiated a rulemaking proceeding to “seek comment on ways we can modify 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 to modify it to give consumers greater control over their right to stop unwanted calls.” See 2025 TCPA FNPRM at para. 101.
  Given the possibility the Commission may modify the existing requirement, we find that good cause exists and the public interest is served by extending the waiver.  This extension will allow the Commission to fully assess the record compiled in response to this request for comment on this matter. Id. at paras. 101-04; see also ABA/NCLC ex parte at 2.
  Multiple organizations have indicated that, absent a delay, they will face significant hardship and resource burdens to comply with the rule. See ABA/NCLC ex parte at 2; Letter from ACA International, American Bankers Association, America’s Credit Unions, American Financial Services Association, Defense Credit Union Council, Bank Policy Institute, Mortgage Bankers Association, Student Loan Servicing Alliance, to Marlene H. Dortch, Secretary, FCC, at 1-2 (filed Oct. 20, 2025) (ABA et al. Oct. 20 ex parte).
  For example, several electric utilities report that they would need to invest “substantial funds, personnel resources, and time” to modify “communications systems and coordinate with third-party vendors.” See, e.g., Electric Utilities ex parte at 2; see also ABA et al. Oct 20 ex parte at 2 (noting that businesses must begin deploying resources very soon to comply with the current compliance date and these resources may be wasted if the Commission eliminates or modifies the rule).
  A further extension of the rule’s effective date until the Commission decides whether to change the rule will avoid premature and potentially unnecessary compliance efforts and costs.
9. As a result, we find that the public interest is served by providing a reasonable opportunity for the Commission to review these issues while relieving financial institutions and other businesses of the necessity to design and implement systems to comply with the rule.  We, therefore, extend the effective date until January 31, 2027.
10. We emphasize that this waiver extends only to section 64.1200(a)(10) to the extent discussed herein and does not alter the status quo relating to any other prior Commission rules or rulings addressing revocation of consent.
IV. ORDERING CLAUSES
11. For the reasons stated above, IT IS ORDERED, pursuant to sections 1-4 and 227 of the Communications Act of 1934, as amended, 47 U.S.C. § 151-154 and 227, and sections 1.3 and 64.1200 of the Commission’s rules, 47 CFR §§ 1.3, 64.1200, and the authority delegated in footnote 123 of the 2025 TCPA FNPRM and sections. 0.141 and 0.361 of the Commission’s rules, 47 CFR §§ 0.141, 0.361, that this Order is hereby ADOPTED.
12. IT IS FURTHER ORDERED that the effective date of section 64.1200(a)(10) is extended to January 31, 2027 to the extent discussed herein.
13. IT IS FURTHER ORDERED that, pursuant to section 1.3 of the Commission’s rules, 47 CFR § 1.3, this Order shall be effective upon release.

FEDERAL COMMUNICATIONS COMMISSION




						Eduard Bartholme III
						Chief
Consumer and Governmental Affairs Bureau

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