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Expert Analysis

Takeaways From FCC's Ruling On Opt-Out Confirmation Texts

Law360, New York (December 4, 2012, 12:39 PM EST) -- On Nov. 29, 2012, the Federal Communications Commission released an eagerly anticipated ruling taking the position that a company does not violate the Telephone Consumer Protection Act by sending a "confirmation text" to a consumer confirming that the consumer's opt-out request has been received.[1] Coupled with court decisions that have reached the same result, the FCC's ruling should effectively put to rest several class actions where consumers seek substantial damages for the apparent annoyance of receiving a text message simply confirming that their request not to receive further text messages had been received and would be honored....

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