Clarified Opt-Out Regulations From the FCC

Posted by | November 30, 2012 | Mobile Advertising, News, SMS | No Comments

Those of us in the mobile marketing industry haven’t been strangers to the struggles related to opting-out a user no longer wishing to receive a text message, and the lawsuits that can come with them, but the FCC shined some light on the open seas today as far as what is acceptable moving forward.

As Wireless Week notes,

“The FCC today issued a declaratory ruling stating that it’s alright for companies to send a confirmation text after a consumer has sent an opt-out text.”

The article goes on to state that the FCC confirmed that sending a one-time text message confirming a consumer’s request that no further text messages be send does not violate the TCPA of the commission’s rules, as long as the confirmation text has the specific characteristics described in the petition. “Our ruling will allow organizations that send text messages to consumers form whom they have obtained prior express consent to continue the practice of sending a final, one-time text to confrim receipt of a consumer’s opt-out request,” says the FCC ruling, acknowledging that the practice of an opt-out confirmation message is widespread.

At Mobivity, we’re pleased with the FCC ruling and clarification that will allow us to continue providing the same genuine and quality customer service and experience that both our clients and their customers have become accustomed to. Although this FCC clarification will offer no protection to downright spammers, like this group of British individuals who were indicted for sending nearly 800,000 spam texts per day, it does offer a clearer view on our day to day activities, and offers protection to Mobivity and our clients alike.

The good news, and main take away from this, is that mobile marketing is becoming a better place for marketers and brands to be. With regulations being set in place to protect brands and their customers alike, many of the headaches for mobile marketers will begin to become less and less irritating as the mobile adoption grows each year, and Mobivity will be right here to help you wade the mobile marketing waters as the tide begins to rise.

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