• On November 29, 2012, the FCC released a Declaratory Ruling in response to a petition from SoundBite Communications holding that a one-time text message confirming a consumer’s request to opt out of receiving further text messages does not violate the Telephone Consumer Protection Act (TCPA) or FCC rules. Two conditions must be met: the text must 1) merely confirm the consumer’s opt-out request; and 2) contain no additional promotional material. The FCC reasoned that an opt-out request, after a consumer has previously given consent to receive text messages, includes implied consent to receive a confirmation that the opt-out has been processed. In addition, the FCC stated that if the confirmatory text is sent within five minutes, it will be presumed to fall within the consumer’s prior express consent. If it takes more than five minutes to send the confirmatory text, however, the presumption will no longer apply, and the sender may be required to explain the delay. The full order is available here.