FCC Ruling Allows “One-Time Opt-Out Confirmation Messages” to Continue

FCC Ruling Allows “One-Time Opt-Out Confirmation Messages” to Continue

The Federal Communications Commission (FCC) has issued a declaratory ruling confirming “that sending a one-time text message confirming a consumer’s request that no further messages be sent does not violate the 1991 Telephone Consumer Protection Act (TCPA) or Commission rules.”

The FCC ruling comes in response to a petition filed earlier this year by SoundBite Communications, a company that provides text message communication services to consumers on behalf of its clients.

The FCC emphasized certain criteria to ensure that one-time opt-out messages do not violate the TCPA or Commission rules:

  1. The sender of the text message has “obtained prior express consent…from the consumer to be sent text messages using and an automatic dialing system.”
  2. The text message confirms the consumer’s opt-out request and does not include marketing or promotional information.
  3. The text message is sent within five minutes of receiving the consumer’s opt-out request or the sender can demonstrate that any delay was reasonable.
  4. The text message is the only additional message sent to the consumer once the opt-out request is received and does not extend to a follow-up confirmation call.

 
The Future of Privacy Forum filed comments with the FCC encouraging it to grant the petition, explaining the importance of opt-out confirmation messages in cases where consumers are at risk of privacy invasions or identity theft.  Opt-out confirmation messages can help companies verify that individuals requesting the opt-out is in fact the subscriber, provide a record of opt-out activity in case the subscriber temporarily loses physical control over the phone, and will likely prompt-further inquiry in cases where the subscriber did not actually opt-out.

SoundBite sought the FCC ruling to reduce the TCPA’s legal ambiguity in this area, which has resulted in numerous lawsuits against communications service providers.

Leave a Reply


Privacy Calendar

Sep
23
Tue
Mapping Issues with the Web: An ... @ Tow Center for Digital Journalism/Columbia Journalism School
Mapping Issues with the Web: An ... @ Tow Center for Digital Journalism/Columbia Journalism School
Sep 23 @ 5:00 pm – 6:30 pm
On the occasion of Bruno Latour’s visit to Columbia University, this presentation will show participants how to operationalize his seminal Actor-Network Theory using digital data and methods in the service of social and cultural research.
Sep
26
Fri
Yale Day of Data @ Yale University
Yale Day of Data @ Yale University
Sep 26 @ 8:30 am – 5:00 pm
This day-long event will focus on data science and partnerships across industry, academia, and government initiatives. The day will also include presentations by eight Yale faculty and researchers on issues specific to research data management,[...]
Oct
11
Sat
City by Numbers: Big Data and th... @ Pratt Institute
City by Numbers: Big Data and th... @ Pratt Institute
Oct 11 @ 9:30 am – 6:00 pm
Big Data—the exponential growth and availability of information—is one of the defining phenomena of our time. It affects us all on different levels – with far-reaching social, environmental, and governmental significance. To help make sense[...]
Oct
21
Tue
Consumer Action’s 43rd Annual Aw... @ Google
Consumer Action’s 43rd Annual Aw... @ Google
Oct 21 @ 6:00 pm – Oct 21 @ 8:00 pm
To mark its 43rd anniversary, Consumer Action’s Annual Awards Reception on October 21, 2014, will celebrate the theme of “Train the Trainer.” Through the power of individual and small group trainings, Consumer Action each year is[...]
Oct
29
Wed
Big Data and Privacy: Navigating... @ Schulze Hall
Big Data and Privacy: Navigating... @ Schulze Hall
Oct 29 @ 4:00 pm – 7:00 pm
The rapid emergence of “big data” has created many benefits and risks for businesses today. As data is collected, stored, analyzed, and deployed for various business purposes, it is particularly important to develop responsible data[...]
Jan
28
Wed
all-day Data Privacy Day
Data Privacy Day
Jan 28 all-day
“Data Privacy Day began in the United States and Canada in January 2008, as an extension of the Data Protection Day celebration in Europe. The Day commemorates the 1981 signing of Convention 108, the first[...]

View Calendar