You may remember a couple months ago a class action lawsuit against Twitter for violating the Telephone Consumer Protection Act (TCPA), when they sent a confirmation text message, confirming a consumer’s request to stop receiving text messages. After this, SoundBite Communications, Inc. petitioned the FCC to declare that confirmatory, opt-out text messages do not violate the TCPA or the FCC’s rules. This week there is more news regarding this topic.
A federal judge has dismissed a lawsuit alleging that Taco Bell violated the TCPA by texting Plaintiff Jason Ibey to confirm that he opted out of receiving future text message promotions. The Plaintiff admitted he signed up to receive text messages from Taco Bell, but eventually sent Taco Bell a text message asking them to “STOP”. Taco Bell responded with a text message saying it had received Ibey’s opt-out request and was unsubscribing him from future text message promotions.
Judge Marilyn Huff of the Southern District of California, dismissed the lawsuit, stating Taco Bell’s “single, confirmatory text message did not constitute unsolicited telemarketing.”
The court is allowing Ibey 30 days to refile his complaint, which he’s already done. You can view his motion for reconsideration here.