FCC opt-out rules for restaurant texts start Nov 25

What changed, in one paragraph

The Federal Communications Commission published a final rule, "Enhancing the Ability of Consumers To Control the Robocalls" (91 FR 67214), in the Federal Register on October 26, 2026. It takes effect on November 25, 2026, the day before Thanksgiving. The underlying order, FCC 26-67, was adopted on September 30 and released on October 1, 2026. It changes how people revoke consent to "robocalls," which the order defines as any call made or text sent with an autodialer, and any call made with an artificial or prerecorded voice. The rule replaces the "revoke all" requirement, whose effective date had already been pushed back to January 31, 2027.

This affects restaurants that answer the phone with AI, because the call doesn't end when the guest hangs up. It usually leads to a confirmation text, an "order ready" text, perhaps a reservation reminder, and sometimes a promo. Those outbound messages are what this rule covers.

Why AI voice is in scope

In February 2024 the FCC unanimously adopted a declaratory ruling that calls made with AI-generated voices are "artificial" under the Telephone Consumer Protection Act (TCPA), effective immediately. An outbound call that uses an AI voice, such as an automated callback to confirm a large catering order, is therefore treated like any other artificial-voice call under the TCPA. The new revocation rule doesn't mention AI specifically. It applies to the categories of calls and texts that already need consent, and AI-voice calls are one of them.

The rule is about calls and texts you make or send. A guest calling your restaurant and reaching an AI answering system is a different situation. The obligations start when your system contacts the guest.

The three changes that matter to a restaurant

1. Opt-outs from informational messages can be narrow. Under the revised 47 CFR 64.1200(a)(10), if a guest revokes consent in response to an informational call or text (one with no advertising or telemarketing), you may treat the revocation as covering only that category of message, not everything you send.
2. You can name one official opt-out method. You may choose any of three methods as the exclusive way to opt out: an automated voice or key-press opt-out on the call; a reply text using one of the standard words; or a website or phone number you designate. You must disclose the method "clearly and conspicuously" on the call or in the text. If you don't designate a method, you must keep accepting opt-outs made "by any reasonable means."
3. All seven words count. The standard words are "stop," "quit," "end," "revoke," "opt out," "cancel," and "unsubscribe." Your texts only need to mention one of them, for example "Reply STOP to opt out," but your system has to honor all seven.

Two things stay the same. Opt-outs must be honored within a reasonable time, no more than ten business days from receipt. And an opt-out sent in response to marketing still ends all future marketing calls and texts from that caller.

Decision table: what one "STOP" does to each message you send

This table sorts common post-phone-order messages using the rule's informational-versus-telemarketing distinction. Whether a specific message counts as marketing depends on its wording, so check borderline cases with counsel.

The practical lesson is to keep status texts clean. When a confirmation carries no advertising, an opt-out from it leaves your other categories alone. When you add an upsell, the message is no longer purely informational.

Worked example: the ten-business-day clock after Thanksgiving

Suppose a guest texts "unsubscribe" to your promo number on Monday, November 30, 2026. Count business days, starting the day after receipt: December 1 through 4 is four days, December 7 through 11 brings the total to nine, and Monday, December 14 is day ten. That is the latest possible date. Because the standard is 'a reasonable time,' ten business days is a ceiling, not a safe harbor. A guest who keeps getting your holiday promos into mid-December may argue the delay was unreasonable.

The rule says "a reasonable time not to exceed ten business days," so ten days is the maximum, not the target. If your texting tool processes the seven words automatically, the gap is effectively zero. If someone on your team removes numbers from a spreadsheet once a week, you are close to the limit during your busiest weeks of the year.

The confirmation text is allowed, if it only confirms

The revised rule lets you send a text confirming an opt-out, as long as it "merely confirms" the request and includes no marketing. If you send it within five minutes, it is presumed to fall within the guest's consent. If it takes longer, you have to be able to show that the delay was reasonable. "You're unsubscribed from Tuesday specials" is fine. "You're unsubscribed. Here's 10% off to come back" is not.

Checklist: finish before November 25

• List every outbound message your phone-order flow sends: confirmations, order-ready, delay notices, reservation reminders, AI callbacks, review requests, promos. Name each category.
• Strip advertising out of status messages you want treated as informational. Move upsells into a separate, clearly marketing message sent only to guests who agreed to receive marketing.
• Decide whether to designate an exclusive opt-out method. For most restaurants that text, a reply word is simplest. Add one standard word to every text ("Reply STOP to opt out").
• Test all seven words on your texting tool: stop, quit, end, revoke, opt out, cancel, unsubscribe. Try lowercase and capitals. Ask your vendor in writing how each one is handled and whether it stops one category or all of them.
• Check your AI voice callbacks. If you make outbound AI-voice calls, confirm that you have the guest's consent and that the call offers the opt-out method you designated.
• If you don't designate a method, train staff that "please stop texting me," said at the counter or on the phone, is a valid opt-out and has to reach the list within ten business days.
• Check the opt-out confirmation text: a single message that only confirms the opt-out, no promotion, sent within five minutes.
• Check whether your texts can receive replies. If your tool sends one-way texts, the rule already requires each text to say that replies aren't possible and to give another reasonable way to opt out.
• Keep records of when each opt-out arrived and when you processed it.

What's still open

The order also includes a further notice of proposed rulemaking. According to a Brownstein Hyatt Farber Schreck client alert, the FCC is asking whether to shorten the ten-business-day window (one proposal is seven business days), bar one-way texting that blocks replies outright (today such texts are allowed only if each one says replies aren't possible and gives another way to opt out), require a single step to revoke all future messages, and clarify how opt-outs apply across affiliates. Comments are due November 25. These are proposals, not rules. Build for the current rule and watch for changes, especially if a "revoke all" requirement comes back.

This article is general information, not legal advice. For your specific messages, talk to a lawyer who handles TCPA work.

Frequently asked questions

When do the new FCC opt-out rules take effect?

November 25, 2026. The final rule was published in the Federal Register on October 26, 2026 (91 FR 67214). It comes from FCC order 26-67, adopted September 30, 2026.

Do these rules apply to an AI system that answers my restaurant's phone?

They apply to calls and texts you make or send, such as confirmation texts, order-ready texts, outbound AI-voice callbacks and promos. A 2024 FCC ruling treats AI-generated voices as artificial voices under the TCPA, so outbound AI-voice calls are covered like other artificial-voice calls.

If a guest replies STOP to an order-ready text, can I still send them promos?

The new rule lets you treat an opt-out from an informational message as covering only that category of message. Whether you can still send promos depends on whether you have separate consent for marketing. A STOP sent in reply to marketing ends all of your marketing.

Which opt-out words do I have to honor?

All seven: stop, quit, end, revoke, opt out, cancel and unsubscribe. Your texts only need to mention one of them, but your system must accept every one.

How fast do I have to process an opt-out?

Within a reasonable time, and no later than ten business days after you receive it. If you send a confirmation text, keep it free of marketing and send it within five minutes so it is presumed to fall within the guest's consent.

Sources

• Enhancing the Ability of Consumers To Control the Robocalls (Final rule, 91 FR 67214, FR Doc. 2026-21821), Federal Register / Federal Communications Commission, 2026-10-26
• FCC 26-67 Report and Order and Further Notice of Proposed Rulemaking, CG Docket No. 02-278, Federal Communications Commission, 2026-10-01
• FCC Makes AI-Generated Voices in Robocalls Illegal (news release), Federal Communications Commission, 2024-02-08
• New TCPA Revocation of Consent Rules Take Effect on November 25, Brownstein Hyatt Farber Schreck, 2026-10-27

Checked November 3, 2026. Photo: Tranmautritam / Pexels.