TCPA: The Next Wave of Class Action Lawsuits Asserts Consumer’s Right to Withdraw Consent to Receive Text Messages

Except from the original article on: http://www.mccarter.com/TCPA-The-Next-Wave-of-Class-Action-Lawsuits-Asserts-Consumers-Right-to-Withdraw-Consent-to-Receive-Text-Messages-02-14-2017/

“Over the past few months, we have observed a spike in TCPA class action lawsuits filed against companies that send automated text message advertisements to customers. Your company could be a target of this wave of litigation if it utilizes text message advertising campaigns and

  1. Does not specifically offer customers the opportunity to withdraw their consent through “any reasonable means,” or
  2. Otherwise fails to recognize when a consumer withdraws prior consent, even through vague and ambiguous communications sent to the company.

Review Your Text Message Offers and Related Advertising Systems

Companies should consult regularly with e-commerce counsel familiar with the TCPA to determine whether their proposed text message advertising campaigns and related withdrawal practices comply with the Act. Specifically, consumer contracts and messages should contain conspicuous TCPA language indicating that the customer expressly consents to receive text message offers and other advertisements. Consumer contracts and messages should contain a conspicuous arbitration provision related to the company’s text-based marketing and other related advertising activities. If possible, companies should periodically reconfirm that the customer expressly agrees to continue receiving text messages, in order to avoid inadvertently contacting customers who have taken over telephone numbers held by others, have signed up using incorrect numbers or have attempted to withdraw their consent.

Companies should also make relevant employees aware of the TCPA’s requirements, and enable them to better identify when customers have attempted to withdraw their consent to receive text messages. This process should incorporate periodic review of the National Do Not Call Registry to confirm that customers have not revoked consent to receiving calls and text messages. The company should maintain an updated list of customers who have withdrawn their consent or otherwise opted out of receiving text message offers or other advertisements.”

Our approach: At the end of each survey we ask phone users if they are interested in withdrawing consent. If they reply yes, then we add the telephone number to a private “Do Not Call Registry” that we will validate before sending any other message.

 

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