The FCC's "Delete" Docket: What a Potential TCPA Overhaul Means for Your Business
The Federal Communications Commission (FCC) has recently signaled a potential shift in its approach to telemarketing regulation. In a draft Notice of Proposed Rulemaking (NPRM), the agency highlighted its "Delete Delete Delete" initiative, an effort to "simplify, streamline, or eliminate" calling-related rules that may be outdated or ineffective. The NPRM will be discussed at the FCC’s October open meeting on October 28, 2025.
This NPRM offers a fascinating glimpse into the FCC's thinking, splitting its focus between older rules that may no longer be necessary and, more surprisingly, recent rules that might be causing unintended harm. For business leaders, this is a critical development to watch.
Older Rules on the Chopping Block
The FCC is scrutinizing several long-standing TCPA provisions to determine if they are still relevant in the modern communication landscape.
Call Abandonment Rules: These rules are under review, with the FCC noting that the issue may be less pervasive today and is also addressed by the FTC's Telemarketing Sales Rule (TSR). This is a welcome move toward streamlining federal oversight and maximizing consistency between the two agencies.
Company-Specific DNC Rules: The FCC questions whether company-specific Do-Not-Call lists are still necessary, given the broader anti-robocall rules now in place. From a practical standpoint, this proposed change is unlikely to impact compliant businesses. Most compliance focused companies will continue to maintain an internal suppression list regardless of the rules, as it is a fundamental tool for operational efficiency and brand protection.
Artificial and Prerecorded Voice ID Rules: This is the most significant—and concerning—proposal in this category. The FCC is considering modernizing the rule to only require callers to identify themselves and their telephone number. However, relaxing these identification requirements just as AI-generated voice technology is set to skyrocket seems strategically shortsighted. With the FCC having already classified AI voice as "artificial voice," clear and robust identification rules will be more critical than ever to help consumers distinguish legitimate callers from bad actors.
Revisiting Recent Rules That Might Harm Consumers
Most surprisingly, the FCC is also seeking comment on parts of its own recent Consent Revocation Rule, which could have a massive positive impact on businesses acting in good faith.
The agency has paused the much-debated requirement that an opt-out request for one type of call must apply to all types of calls from a business. It is also now seeking comment on whether to "permit callers to designate the exclusive means by which consumers may revoke prior express consent" instead of the current "any reasonable means" standard.
This could be a huge development for two key reasons:
Operational Simplicity: The "one opt-out rules all" requirement is operationally complex and difficult to implement, especially for large organizations with different communication streams. Removing it would allow businesses to focus resources on a better customer experience rather than complex regulatory box-checking.
Reducing Frivolous Litigation: Allowing businesses to designate specific, clear opt-out channels (like texting STOP or clicking a link) would help eliminate the cottage industry of petty lawsuits that exploit the ambiguity of the "any reasonable means" standard.
What Should You Be Focusing On Now?
While this NPRM contains several significant proposals, it is still just a draft. For now, the strategic imperative is to focus on the rules as they exist today. Whether that's honoring revocation requests made in any reasonable manner or ensuring your AI voice calls have the proper disclosures, this NPRM does not change your immediate compliance obligations.
However, for leaders who want to shape the future of these regulations, this is the time to act. Once the NPRM is officially published, there will be opportunities to submit comments to the FCC and make your voice heard. While we monitor these potential changes, building your compliance program on the current rules is the only foundation for navigating any regulatory future with confidence.
