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

9:30 am The Federal Trade commission and Its Section 5 Authority: Prosecutor, Judge, and Jury @ Rayburn House Office Building, Room 2154
The Federal Trade commission and… @ Rayburn House Office Building, Room 2154
Jul 24 @ 9:30 am – 11:00 am
The House Oversight and Government Reform Committee will be holding a hearing on the Federal Trade Commission and its Section 5 authority.
all-day Big Data: A Tool for Inclusion or Exclusion? @ Constitution Center
Big Data: A Tool for Inclusion o… @ Constitution Center
Sep 15 all-day
The Federal Trade Commission will host a public workshop entitled “Big Data: A Tool for Inclusion or Exclusion?” in Washington on September 15, 2014, to [...]
all-day IAPP Privacy Academy and CSA Congress 2014 @ San Jose Convention Center
IAPP Privacy Academy and CSA Con… @ San Jose Convention Center
Sep 17 – Sep 19 all-day
This fall, the International Association of Privacy Professionals (IAPP) and Cloud Security Alliance (CSA) are bringing together the IAPP Privacy Academy and the CSA Congress [...]
6:00 pm Consumer Action’s 43rd Annual Awards Reception @ Google
Consumer Action’s 43rd Annual Aw… @ Google
Oct 21 @ 6:00 pm – 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 [...]
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 [...]

View Calendar