These rules go into effect on April 11, 2025. The key provisions of the new rules include codifying what many companies are likely already doing: • Consumers may revoke consent to robocalls and robotexts “in any reasonable manner,” including using the words: stop, quit, end, revoke, opt out, cancel, or unsubscribe. • Callers must honor do-not-call and revocation requests “as soon as practicable,” but no later than 10 business days after the request. • Text-senders may send one text message within five minutes of receipt of a revocation request to confirm or clarify the scope of the request. Arbitration Clauses. An enforceable arbitration clause in the terms of service of companies using SMS text messaging may help mitigate the costs and risk of exposure to TCPA class action litigation. On April 1, 2021, the Supreme Court issued its highly anticipated decision in Facebook, Inc v. Duguid, resolving a long-standing circuit split on the definition of an automatic telephone dialing system (ATDS or autodialer) under the TCPA. The Court ruled that to qualify as an ATDS under the TCPA, a device must have the capacity to either (1) store a telephone number using a random or sequential number generator or (2) produce a telephone number using a random or sequential number generator. Reversing the Ninth Circuit, the Court concluded that merely having the capacity to store numbers and dial them automatically is not enough to make a device qualify as an ATDS. This case had been anticipated by many who have had to figure out what they could do when using phone calls or text messaging to reach customers. Facebook was accused of violating the TCPA’s prohibition on using an ATDS. Duguid claimed that Facebook sent him text messages over a period of 10 months without his consent alerting him that someone was trying to access his Facebook account even though he did not have a Facebook account.
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