Unsubscribe Confirmation Texts Get FCC OK

The Federal Communications Commission granted a request by SoundBite Communications, Inc. (SoundBite) and confirm that sending a one-time text message confirming a consumer’s request that no further text messages be sent does not violate the Telephone Consumer Protection Act (TCPA) or the FCC’s rules as long as the confirmation text has the specific characteristics described in the petition.

The ruling will allow organizations that send text messages to consumers from whom they have obtained prior express consent to continue the practice of sending a final, one-time text to confirm receipt of a consumer’s opt-out request—a widespread practice among businesses, non-profit organizations, and governmental entities, which many parties in this proceeding, including a consumer group, assert is good consumer policy. The FCC emphasized that the ruling applies only when the sender of text messages has obtained prior express consent, as required by the TCPA and Commission rules, from the consumer to be sent text messages using an automatic telephone dialing system or “autodialer.” The ruling ensures that wireless consumers will continue to benefit from the TCPA’s protection against unwanted autodialed texts, while giving them certainty that their opt-out requests are being successfully processed.

FCC Commissioner Ajit Pai, a huge “The Big Lebowski” fan, said, “Today’s common-sense order ends the legal lacuna and the courtroom arbitrage it has inspired. Hopefully, by making clear that the Act does not prohibit confirmation texts, we will end the litigation that has punished some companies for doing the right thing, as well as the threat of litigation that has deterred others from adopting a sound marketing practice. And consumers want confirmation texts: They want the assurance that that there will be no further intrusions on their privacy. In short, today’s order is a win for consumers and for innovative companies alike.”