Last week, a federal judge denied a motion to dismiss a putative class action brought under the Telephone Consumer Protection Act (TCPA) against Citibank concerning its transmission of text messages.  The case — Ryabyshchuk v. Citibank N.A., — is notable because one of the issues it addresses is whether an entity that transmits a text message to confirm a consumer’s opt out request has transmitted the message without the consumer’s prior express consent.  The Mobile Marketing Association’s Guidelines for text message campaigns advises that such confirmation messages should be sent.  In the ruling, Judge Irma Gonzalez of the Southern District of California held that Citibank could be liable for two messages: the first that allegedly inviting the applicant to call to discuss a credit card application, and the second that allegedly confirmed the consumer’s request to opt out of receiving future messages.  The consumer sought to opt out of receiving future messages after receiving the first text message from Citibank.
Continue Reading Court Permits Class Action to Proceed Where Text Message Confirmed Opt Out Request