FCC Permits Confirmatory Opt-Out Texts Under TCPA

When consumers sign up to receive text messages and later request to opt-out, companies typically send a final message to confirm they’ve honored the request. Although that confirmation is a good practice and required by the Mobile Marketing Association, several plaintiffs’ attorneys have filed lawsuits arguing that the confirmation messages violate the Telephone Consumer Protection Act. (Click here and here, for example.)

In a ruling that should make companies breathe easier, last week, the FCC determined that such messages do not violate the TCPA. You can read more about the ruling on the Telecom Law Monitor.