By Richard Benenson, Matthew Arentsen and Jesse Sutz ( February 11, 2019, 1:48 PM EST) -- Businesses that communicate with consumers by text message continue to face significant litigation risk under the Telephone Consumer Protection Act. Subject to limited exceptions, the TCPA prohibits sending texts to a consumer using an automatic telephone dialing system absent the consumer's prior express consent — with marketing texts requiring "prior express written consent."[1] And consumers that have consented to automated texts are entitled to revoke their consent.[2] Thus, businesses must effectively track consumers' consent, as well as any revocation requests.[3]...
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