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Revocation of Consent for Unwanted Text Messages Must Be Reasonable

The United States Central District of California has recently shed some light as to what an individual should do to revoke consent when receiving unwanted text messages from marketers. In Epps v. Earth Fare, Inc., 2017 WL 1424637 (C.D. Cal. Feb. 27, 2017), the Court found that the plaintiff had not reasonably revoked her consent from unwanted text messages that she was receiving. The plaintiff was prompted to text “STOP” in order to revoke her consent from unwanted text messages from the defendant but instead of doing such, she responded to the text message and stated the following: “I would appreciate [it] if we discontinue any further texts[.]” The defendant moved to dismiss the case under the argument that the plaintiff’s response revoking consent was not reasonable. The Court held that “the totality of the plausibly alleged facts, even when viewed in Plaintiff’s favor, militate against finding that Plaintiff’s revocation method was reasonable.” Moreover, the Court noted, “in fact, heeding Defendant’s opt-out instruction would not have plausibly been more burdensome on Plaintiff than sending verbose requests to terminate the messages.”

Now you are probably asking, what does this mean if I am receiving unwanted text messages and I want to revoke my consent? Most marketer text messages have specific instructions to get them to stop sending you text messages (example: “If you wish to stop receiving text messages from us, please text the word STOP to ****” or “To stop receiving text messages from us, please respond to this message with the word STOP”). If the text message has specific instructions for you to stop receiving text messages, make sure you follow those instructions completely to revoke your consent. If after following the instructions to revoke consent, you continue to receive unwanted text messages, the company sending the text messages to you could be liable under the Telephone Consumer Protection Act (TCPA) with the company potentially having to pay $500 to $1,500 per violation.

If you believe that you are receiving text messages from a marketer after you had properly responded to their prompt to stop receiving text messages from them, you should contact a qualified attorney immediately. For more information about TCPA violations or on filing a case, please visit our website here. Loan Lawyers has helped over 5,000 South Florida homeowners and consumers with their debt problems.Contact us to see how we may be able to help you.