Remember when two consumers brought a class action lawsuit against Twitter for violating the Telephone Consumer Protection Act (TCPA) after Twitter sent them a confirmation text message, confirming their request to stop receiving text messages from Twitter?
Since then, SoundBite Communications, Inc. has petitioned the FCC to declare that confirmatory, opt-out text messages do not violate the TCPA or the FCC’s rules. SoundBite argues in their petition that such text messages do not violate the TCPA because:
- Confirmatory, opt-out text messages fall within the grace period under the TCPA for opt-out requests;
- Confirmatory, opt-out text messages are not sent using an autodialer because the text messages are targeted towards the consumer opting out of further messages; and
- Confirmatory, opt-out text messages are consistent with good public policy and good consumer practices.
I will continue to follow this story and report back on what the FCC declares with regard to the legality of these opt-out text messages.