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FCC Confirms Legality of Opt-Out Messages

Published on December 6, 2012

FCC Ruling and Simple TextingText message marketing is regulated by, among other bodies, the Federal Communications Commission (FCC) and the Telephone Consumer Protection Act (TCPA). Last week, the FCC made an important ruling, giving SMS marketers more freedom to practice good customer service.

The ruling confirmed the legality of sending a confirmation message to recipients who opt out of an SMS campaign. Opt-out confirmations, an industry best practice advocated by the Mobile Marketing Association, were a legal ambiguity until now; in 2011 Barclay’s paid an $8 million settlement after allegations that it had violated the TCPA by sending opt-out confirmations.

The FCC was reportedly eager to make the ruling, having received complaints from consumers who failed to get an opt-out confirmation. The Mobile Marketing Association, who supported the petition for clarification, hailed the ruling as a victory. “When we originally issued the messaging guidelines, we felt strongly that a confirmatory stop message was vital to preserving consumer preference and protecting the relationship between a brand and customer,” stated the MMA in a letter to members.


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