Jameson Dempsey co-authored this post.
In a ruling that FCC Commissioner Ajit Pai described as “a win for consumers and for innovative companies alike,” the FCC granted a petition for declaratory ruling filed by SoundBite Communications, Inc., finding that one-time text messages confirming a consumer’s request not to receive any future text messages do not violate the Telephone Consumer Protection Act of 1991 (“TCPA”).  The Order represents a significant victory for mobile marketing firms like SoundBite and companies conducting mobile marketing, which have been inundated  with actual and threatened class action lawsuits over such confirmatory messages.

Although the ruling is an important victory, the FCC’s rationale for permitting the messages is relatively narrow and not all confirmatory messages will be permitted.  Moreover, the FCC’s ruling in effect imposes a requirement that confirmatory texts be sent within five minutes of the consumer’s opt-out request.  Companies engaging in mobile marketing should review their practices carefully before sending additional confirmatory text messages in reliance on the FCC’s ruling.
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