Retailers Ask FCC To Clarify That Text Message Responses Are OK

Should retailers be required to obtain written consent before sending a consumer a text message with information or a coupon that was specifically requested?  The Retail Industry Leaders Association (RILA) thinks not, and has filed a petition asking the Federal Communications Commission to clarify that sending a one-time text message in response to a consumer request does not violate FCC telemarketing rules requiring prior written consent for marketing text messages.  The FCC has issued a public notice asking for comments on the petition, which must be submitted by February 21, 2014, with reply comments due by March 10, 2014.

FCC telemarketing rules that went into effect on October 16, 2013, require prior written consent of the called party to send marketing or advertising messages, including text messages.  The RILA petition argues that those rules do not sensibly apply to an "on-demand" text service that provides one-time text message replies to consumer requests