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FCC Gives Marketers Cover from Text-Message Claims

December 3, 2012

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The FCC backed SoundBite. "Consumers have not complained about receiving confirmation texts. In fact, our review shows that at least some consumers complain about not receiving a confirmation text after sending an opt-out request from receiving further text messages," the agency stated.

The FCC concluded, "The record demonstrates that, whether or not texts impose some incremental cost on consumers, such confirmation messages ultimately benefit and protect consumers by helping to ensure, via such confirmation, that the consumer who ostensibly opted out in fact no longer wished to receive text messages from entities from whom the consumer previously expressed an affirmative desire to receive such messages."

Desai in an interview said the "FCC was fantastic in acting so quickly on this. They recognized it was a common sense issue."

This article originally appeared as a post on The BLT: The Blog of LegalTimes.

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Firms mentioned

    
  • Arent Fox
  • Hogan Lovells
  • Patton Boggs

Companies, agencies mentioned

    
  • NASCAR
  • National Association of Consumer Advocates
  • Marketing Association
  • Twilio
  • Consumer Bankers Association
  • SoundBite Communications Inc.
  • Citigroup Inc.
  • Future of Privacy Forum
  • National Football League
  • Barclays plc Banks
  • American Express Company
  • Federal Communications Commission
  • American Bankers Association

Key categories

    
  • Communications & Media Law
  • Consumer Protection
  • Corporate & Business Law
  • Corporate Governance and Compliance
  • Executive Agencies
  • Internet and Technology Law

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