Are Confirmation Texts Allowed Under The TCPA?

As readers of this blog know, on May 18, 2023, the Federal Communications Commission ("FCC" or "Commission") issued a Notice of Proposed Rulemaking ("NPRM"). In addition to recommending that opt-out requests be honored within 24 hours of receipt, the NPRM proposes to codify a prior Commission ruling that a single confirmation text may be sent to consumers in order to confirm consent revocation.

Confirmation Text Dos and Don'ts

The Commission proposes to codify that it is not a violation of the Telephone Consumer Protection Act ("TCPA") for marketers to send a one-time confirmation text message to consumers to confirm that they no longer wish to receive further text message communications. The proposal would confirm the Commission's Soundbite Declaratory Ruling.