Two California men have filed a class-action complaint against Twitter, alleging that the company violated the Telephone Consumer Protection Act by sending an SMS confirmation to confirm opt-out of future communications.
The twist in this case is that the plaintiffs actually opted-in to receive messages from Twitter,” a lawyer said. “Later, the plaintiffs opted-out of receiving messages, and Twitter sent them one final message to confirm the opt-out request had been processed."
Mobile marketing campaigns in the US typically are required to comply with the Mobile Marketing Association’s Consumer Best Practices Guidelines.
Those guidelines require a company to send a confirmation message when a “stop” or any opt-out keywords are sent to the program. And when getting campaigns approved and "certified" by the carriers, again this is a requirement.
The suit against Twitter marks the first time that a company is sued over the confirmation message sent to consumers upon opt-out.
Comment: only in the US can anyone imagine this type of legal action. We recommend for now to stick with the Mobile Marketing guidelines, which is what 99% of the thousands of live US campaigns do.
Two California men have filed a class-action complaint against Twitter, alleging that the company violated the (US) Telephone Consumer Protection Act by sending an SMS confirmation to confirm opt-out of future communications.
The twist in this case is that the plaintiffs actually opted-in to receive messages from Twitter,” a lawyer said. “Later, the plaintiffs opted-out of receiving messages, and Twitter sent them one final message to confirm the opt-out request had been processed."
Mobile marketing campaigns in the US typically are required to comply with the Mobile Marketing Association’s Consumer Best Practices Guidelines.
Those guidelines require a company to send a confirmation message when a “stop” or any other opt-out keywords are sent to the shortcode. And when getting campaigns approved and "certified" by the carriers, again this is a requirement, so not sure how this impacts future campaigns if at all.
The suit against Twitter marks the first time that a company is sued over the confirmation message sent to consumers upon opt-out.
Comment: Sorry, but only in the US can anyone imagine this type of legal action being taken! We recommend for now to stick with the Mobile Marketing guidelines, which is what 99% of the thousands of live US campaigns do.
