DLA PiperยทCONSUMER PROTECTION

FCC Order Narrows TCPA Consent Revocation to a Single Opt-Out Method

The FCC's 3-0 Report and Order 26-67 lets businesses designate one exclusive opt-out method for revoking consent to autodialed and prerecorded calls and texts, reshaping consent-revocation proof in TCPA litigation.

On September 30, 2026, the FCC voted 3-0 to adopt Report and Order 26-67, which substantially revises the rules governing how consumers revoke consent to autodialed and prerecorded voice calls and text messages. The provision highlighted in the source allows a business that captures consent through a designated opt-out mechanism to have that mechanism operate as the exclusive means by which a consumer withdraws consent, narrowing the set of revocation theories a plaintiff can plead. Counsel should care because defective consent is the standard predicate for TCPA and analogous state mini-TCPA exposure, and shifting the burden of proving revocation can affect the merits of putative class-wide disputes, class certification strategy, and settlement valuation. Businesses should audit consent capture and opt-out language against the Order before it takes effect, route revocation requests received outside the designated channel into a captured record rather than disregarding them, and re-test prior express written consent and do-not-call documentation. Watch for Federal Register publication and the Order's effective-date mechanics, any petition for reconsideration or appeal, and later FCC guidance on how a business properly designates its exclusive opt-out method.

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Read the original firm alert โ†’ Thursday, October 22, 2026

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