Skip to main content

Thursday, October 15, 2026

FCC Rewrites TCPA Opt-Out Rules as Florida Court Breaks From SMS Precedent

The FCC unanimously approved a Report and Order on September 30 that overhauls its 2024 consent revocation rules, including the so-called revoke-all rule. Separately, a Southern District of Florida court held for the first time that SMS messages are not telephone calls under the TCPA's do-not-call rules.

1Lookup Signal Report

Mobile numbers made up 66.0% of 2,457 phone checks on 1Lookup today

Mobile share ran at 66.0% of checks, down 31.7 points from the trailing seven-day average of 97.7%, while landline ran at 19.0%, up 17.7 points from its 1.3% baseline. Active phone status fell to 85.1%, down 10.2 points from 95.3%. Email deliverability rose to 96.8% across 9,927 checks, up 4.4 points from 92.4%.

Phone line types

2,457 checks

  • mobile66%
  • landline19%
  • other line types15.1%

Phone number status

2,457 checks

  • active85.1%
  • other line types14.9%

Email deliverability

9,927 checks

  • deliverable96.8%
  • undeliverable1.6%
  • other line types1.6%

Every completed lookup on 1Lookup this UTC day.

  1. 01

    FCC approves overhaul of TCPA consent revocation rules, scraps 'revoke all' rule

    On September 30, 2026 the FCC unanimously approved a Report and Order revising TCPA consent revocation rules. The order replaces the 2024 'revoke all' rule, which the FCC said was overinclusive and could produce results that do not match a consumer's actual intent. Callers and texters can now designate an exclusive opt-out method, such as an automated voice or key-press mechanism on calls, or a reply of a standardized word like 'stop' or 'quit' to a text. Changes take effect 30 days after Federal Register publication.

    Why it matters: Businesses need to review current call and text opt-out processes now and confirm with vendors that messaging is set up so opt-outs are scoped correctly once the new rules take effect 30 days after Federal Register publication.

  2. 02

    S.D. Fla. court holds SMS are not calls under TCPA's DNC rules, reversing prior position

    A Southern District of Florida court has held, for the first time, that SMS messages are not 'telephone calls' for purposes of the TCPA's do-not-call rules. TCPAWorld describes the district as flipping from a jurisdiction that previously treated text messages as calls under that provision.

    Why it matters: This district previously treated text messages as calls under the TCPA's DNC rules. Now it holds the opposite, so text campaigns in that jurisdiction no longer fall under the TCPA's DNC call provisions the way they did before.

  3. 03

    Court rules private right of action survives under TCPA 227(b) for texts even without 227(c) claim

    A court held that a private right of action still exists under the TCPA's 227(b) provision for text messages, even where a 227(c) claim does not apply. TCPAWorld notes the TCPA contains distinct provisions that are not monolithic, and the rules under each are changing separately.

    Why it matters: Texters cannot assume that a win on the do-not-call provision (227(c)) closes off liability. The 227(b) provision, covering things like autodialer and consent issues, remains a separate avenue for claims.

  4. 04

    Court grants partial summary judgment, clears ATDS claim but keeps prerecorded-voice claim alive

    In Cruz v. United Collection Bureau, Inc., a court granted partial summary judgment for the defendant, finding no ATDS use. However, the court found a triable issue remains on the artificial or prerecorded voice theory, so that claim proceeds.

    Why it matters: A win on the autodialer theory does not end TCPA exposure if prerecorded or artificial voice messages were used. Businesses using pre-recorded voice messages still face live claims even after beating an ATDS argument.

  5. 05

    TCPA class action filings in August narrowly down from 2025 for the third straight month

    August 2026 marked the third consecutive month of TCPA class action filing declines compared to 2025. In 2025 there were 162 TCPA class actions filed in August; in 2026 there were 143 filed.

    Why it matters: Filing volume has eased for three months running, but 143 class actions in a single month is still a large number. This is not a sign that TCPA litigation risk has gone away.

Questions people asked today

When do the new FCC TCPA consent revocation rules take effect?
The rule changes take effect 30 days after a notice is published in the Federal Register. Businesses can start now by reviewing opt-out processes and working with vendors to ensure compliance.
Can businesses require a specific opt-out method under the new FCC rules?
Yes. The FCC's Report and Order lets callers and texters designate an exclusive opt-out method, such as an automated voice or key-press option on calls, or a reply of a standardized word like 'stop' or 'quit' to a text.
Does the Florida ruling on SMS and DNC rules apply nationwide?
No. It is a Southern District of Florida court holding, the first of its kind, that SMS messages are not telephone calls under the TCPA's do-not-call rules. The district previously held the opposite.
Is TCPA class action filing volume declining?
August 2026 was the third straight month of year-over-year declines, with 143 TCPA class actions filed compared to 162 in August 2025. The decline has been narrow each month.

Check your own numbers against this

Why are my calls showing as spam likely? · What share of phone numbers are VOIP? · How many numbers are invalid or disconnected?