Yesterday the Federal Communications Commission (FCC) released a Declaratory Ruling stating that sending a one-time text message to confirm receipt of a consumer’s request to opt out of receiving text messages does not violate the Telephone Consumer Protection Act, 47 U.S.C. Section 227 (TCPA), if the following conditions are met:
* The consumer had previously given prior express consent to receive texts from the sender, ¶ 15;
* The confirmatory text simply confirms the consumer’s request to opt-out of receiving future texts and does not include any marketing or promotional information, ¶ 11; and
* The confirmatory text is the final additional message sent to the consumer after receipt of the opt-out request, ¶ 11.
* The FCC also held that if a confirmatory text is sent within five minutes of receipt of the opt-out request, the consumer’s prior express consent to receive messages will be presumed. ¶ 11. If the confirmatory text is sent more than five minutes after the opt out, however, the sender will be required to show that the delay was reasonable, “and the longer this delay, the more difficult it will be to demonstrate that such messages fall within the original prior consent.” Id.
The Declaratory Ruling, order FCC 12-143, is available here: http://transition.fcc.gov/Daily_Releases/Daily_Business/2012/db1129/FCC-....
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