New FCC Ruling On Text Messaging

The Federal Communications Commission ("FCC") ruled that sending a one-time text message to confirm a consumer''s request that no further text messages be sent does not violate the Telephone Consumer Protection Act ("TCPA"). The ruling came in response to a request from SoundBite Communications, Inc., a company that provides text messaging services for approximately 400 end-user clients. The FCC reasoned that it was reasonable to conclude that opt-out confirmation text messages are considered part of the opt-out process, "informing consumers that ''a service was scheduled or performed'' and are normal communications ''expected or desired'' between consumers and the entities to which they previously provided express consent to receive text messages."