The Federal Communications Commission is seeking public input into a request for a Declaratory Order that would allow companies to send a follow-up text message to an individual who had opted out of receiving messages to clarify whether the individual is seeking to opt out of receiving specific requests or whether the individuals wants to stop receiving text messages from the sender altogether.
Comments on the petition are due by Dec. 9.
Capital One Services filed the request last week with the FCC seeking clarification on helping it identify the scope of opt out requests it receives from the individuals with whom it communicates via text message. Capital One noted that some individuals may want to opt out of receiving all text messages from the company while others may only want to opt out of receiving certain messages. Companies may be sued or held liable under the Telephone Consumer Protection Act for sending a follow-up message to an individual who has revoked consent to be contacted.
Capital One acknowledged it is using an “abundance of caution to ensure it can implement this customer-friendly measure without having to defend itself in costly and unnecessary litigation.”
While everyone is awaiting an updated regulation to overhaul the TCPA following the court decision in ACA International v. FCC, Capital One said it submitted such a “narrow” request in case the FCC wanted to deal with the matter separately.
“For example, if Capital One were to send a text about a declined card transaction to which the customer replies ‘stop,’ it would be unclear whether the customer wants to opt out of receiving all messages from Capital One, including payment due notices and suspected fraud alerts, or only card decline notices. The customer should have the right to clarify his or her intent within the SMS channel and continue to receive desired informational text messages.”
Comments can be filed online by clicking here. All filings must reference CG Docket Nos. 18-152 and 02-278.