What is the FCC changing about opt-outs?
On September 9, 2026 the FCC released a draft Report and Order that would change how businesses handle requests to stop robocalls and automated texts under the Telephone Consumer Protection Act (TCPA). It is on the agenda for the Commission's September 30, 2026 open meeting. The draft lets a "stop" reply to an informational message apply only to that type of message, and lets a business name one exclusive way to opt out.
TCPA opt-out rules: the timeline
The primary source is the FCC's fact sheet and draft order (FCC-CIRC 2609-05, CG Docket No. 02-278). The FCC says the draft "has been circulated for tentative consideration" and its conclusions "remain under consideration and subject to change". So read everything below as the proposed rule. We will update this page when the adopted text is published.
Why this matters to us: under the TCPA, "robocall" covers any call made with an autodialer or an artificial or prerecorded voice, and any text sent with an autodialer. That includes most of what we build: appointment reminders, missed-call text-back, lead follow-up sequences and AI voice agents.
What does the draft order change?
Four things. Callers could treat an opt-out from an informational message as covering only that category. Callers could designate an exclusive opt-out method, if it is clearly disclosed in every call or text. Banks get an easier path to send fraud alerts. And FCC staff would review the TCPA rules to make them clearer.
| Area | Rule today | Draft order |
|---|---|---|
| Scope of a "stop" on an informational message | Revokes consent for robocalls and robotexts from that caller once the "revoke all" rule takes effect | May apply only to that category, for example appointment reminders |
| Scope of a "stop" on a marketing message | Revokes consent for marketing | Still revokes consent for all future marketing from that caller |
| How consumers can opt out | Any reasonable means | Caller may designate one exclusive method, clearly disclosed |
| Time to honor an opt-out | Up to 10 business days | Unchanged: up to 10 business days |
| Texts that cannot receive replies | No specific disclosure | Each text must say two-way texting is unavailable and give other ways to opt out |
The exclusive methods the draft allows are: an automated voice or key-press opt-out on a call; a reply text using a standard word ("stop", "quit", "end", "revoke", "opt out", "cancel" or "unsubscribe"); or a website or phone number the business designates. A business that does not designate one must keep accepting opt-outs made "by any reasonable means".
What happens to appointment reminders?
Under the draft, if a patient or customer replies "stop" to an appointment reminder, a business could treat that as stopping reminders only, not every informational message it sends, such as billing notices. Marketing is different: a "stop" on a promotional message would still end all marketing messages from that business.
How a stop reply is handled under the draft
That is a real change for clinics and service businesses. Today the pending "revoke all" rule, adopted in 2024, would make one "stop" end every non-exempt robocall and robotext. The FCC's staff delayed that provision twice, most recently to January 31, 2027 (DA 26-12, January 6, 2026). The draft order would replace it with the category approach.
What it means for a build: your CRM has to know which category every automated message belongs to. In GoHighLevel that usually means separate tags or custom fields per category ("reminders", "billing", "marketing") and workflows that check the right one before sending. Setting up appointment reminder automation this way also makes no-show reduction easier to measure, because each message type has its own record.
What does this mean for AI voice agents and SMS follow-up?
Nothing in the draft changes the need for prior express consent before an AI voice call or an automated marketing text. What changes is how opt-outs are handled: the agent or text flow should offer the designated opt-out, log it against the right category, and stop within 10 business days at most. Faster is safer.
How an opt-out should flow through your automation
The FCC's February 2024 ruling that AI-generated voices count as "artificial" under the TCPA still stands, so an AI calling agent needs the same consent as a prerecorded call. We covered HighLevel's consent step for outbound Voice AI in GoHighLevel Voice AI outbound consent.
- AI voice agents. Offer a spoken or key-press opt-out on the call and write it to the contact record immediately. In a GoHighLevel Voice AI build, that means one workflow step that tags the contact and removes them from every call workflow at once.
- SMS sequences. Make sure the standard words ("stop", "quit", "end", "revoke", "opt out", "cancel", "unsubscribe") all trigger the opt-out, not just "STOP".
- One-way texts. If a provider cannot receive replies, the draft requires each text to say so and give another way to opt out.
- Confirmation texts. The rules allow one confirmation text that only confirms the opt-out. Keep any marketing out of it.
What does the FCC want comments on next?
The Further Notice of Proposed Rulemaking asks whether to shorten the 10 business day window, require two-way texting so people can always opt out by reply, require a way to revoke consent to all robocalls at once, and how affiliates should be treated. Any of these could become new rules later.
The practical reading: build opt-outs to take effect in minutes, not days. That is easy in a modern CRM and it removes the risk if the window gets shorter. It is also better for the customer relationship.
What should a business check now?
Check that every automated call and text flow honors opt-outs quickly, records which category the opt-out came from, and tells people how to opt out. Then wait for the adopted order before changing consent language or removing opt-out methods you offer today.
- List every automated message you send and label it informational or marketing.
- Test each opt-out word on a real number and confirm the workflow stops.
- Check how long your system takes to honor an opt-out. Aim for minutes.
- Keep consent records (form, date, source) on the contact.
- Do not narrow opt-out methods until the final rule is published and in effect.
This page explains the draft; it is not legal advice. For a specific campaign, check with a TCPA lawyer. If your health data is involved, our HIPAA automation guide covers the tool side.
Frequently asked questions
Has the FCC adopted the new opt-out rules?
At the time of writing, the draft order is scheduled for a vote at the FCC's September 30, 2026 open meeting. The FCC says the draft is subject to change until adopted.
When does the TCPA revoke-all rule take effect?
The FCC's staff delayed the revoke-all provision to January 31, 2027. The September 2026 draft would replace it with a category-based approach for informational messages.
How long do businesses have to honor a stop request?
Up to 10 business days under the current rules and the draft. The FCC is asking whether to shorten that.
Do AI voice calls need consent?
Yes. The FCC ruled in 2024 that AI-generated voices are artificial voices under the TCPA, so the same consent rules apply as for prerecorded calls.
More dated changes are on the news page. If you want your reminder, follow-up and AI calling workflows checked against these rules, see our GoHighLevel account audit, the dental practice case study, or contact us.
