In a move that seems likely to shut down a hot new category of class actions, the Federal Communications Commission has ruled that companies can send a one-time text message confirming a consumer’s request to opt out of receiving more text messages.
It sounds innocuous enough, but Barclays Banks paid about $8 million to settle a class action earlier this year stemming from the following text: “You will no longer receive text alerts from Barclaycard to this number. If you have questions, call 866-408- 4070″ (the bank did not admit wrongdoing). Other entities including Citibank, American Express; NASCAR Holdings; the National Football League; Redbox Automated Retail and GameStop face similar class actions.
