FCC Rules That Opt-Out Confirmation Texts Do Not Violate the TCPA

The Federal Communications Commission (FCC) has issued a Declaratory Ruling finding that companies do not violate the Telephone Consumer Protection Act (TCPA) when they send a single text message to confirm receipt of a consumer’s request that no further text messages be sent. See In Re Rules and Regulations Implementing the Telephone Consumer Protection Act of 1991, Declaratory Ruling, FCC 12-143, 2012 WL 5986338 (Nov. 29, 2012). Specifically, the FCC ruled that “a consumer’s prior express consent to receive text messages from an entity can be reasonably construed to include consent to receive a final, one-time text message confirming that such consent is being revoked.” The Ruling is important, as opt-out confirmation texts had been challenged in a number of TCPA class actions.

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