BofA Dodges Opt-Out Text Spam Suit Following FCC Ruling

Law360, New York (December 11, 2012, 2:52 PM EST) -- Bank of America Corp. on Monday shut down a California class action accusing it of violating the Telephone Consumer Protection Act through sending opt-out text messages after the U.S. Federal Communications Commission ruled last month that such communications are allowed.

Plaintiff Ron Sager and the bank agreed to dismiss the proposed class action on the heels of the FCC’s Nov. 29 ruling that text messages sent in confirmation of a consumer’s opt-out request do not violate the TCPA, a petition brought to the agency by additional...
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