Redbox Escapes TCPA Class Action Over Opt-Out Texts

Law360, New York (June 20, 2013, 6:47 PM EDT) -- A California federal judge on Thursday tossed a putative class action against Redbox Automated Retail LLC over the company’s use of one-time opt-out text messages, but sidestepped a larger argument over the constitutionality of the Telephone Consumer Protection Act.

U.S. District Court Judge Dana M. Sabraw shut down plaintiff Kathleen Holt’s suit against the company on the grounds that a November 2012 U.S. Federal Communications Commission’s declaratory ruling held that noncommercial text messages sent to confirm a consumer’s opt-out request do not violate the TCPA....
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