'llnitro ~tatcs ~rnatc
WASHINGTON, DC 20510
April 13,2012
The Honorable Julius Genachowski
Chairman
Federal Communications Commission
445 12th Street, SW
Washington, DC 20554
Dear Chairman Genachowski:
We write in support of the petition for declaratory ruling around a narrow issue. The
question is whether or not it is a violation of the Telephone Consumer Protection Act (TCPA)
rules to send a single, immediate, confirmatory message after a consumer has opted out of being
contacted through text messages in the future. We do not believe that such a message should
constitute a breach of the TCPA.
We understand that in the industry it is considered a best practice to send an immediate
confirmation reply message sent when a consumer sends a request to stop receiving future text
messages. That ensures that the consumer has a "receipt" for their opt-out request and ensures
that the consumer knows they will not receive any future messages from a particular entity. It is
also necessary in case the consumer sent the request in em:>r or did not actually make the request
himself.
As you know, we take very seriously the role of govemment in promoting consumer
protection, privacy, and competition. The FCC must remain vigilant as new technologies and
business methods enter the market that deceive consumers, treat them unfairly, or are created to
thwart competition rather than create value.
But on this narrow issue, where a misinterpretation of the law could hurt both consumers
and entrepreneurs, a definitive ruling by the FCC stating that a confirmatory text message is not
only allowable under existing TCPA rules, but is also encouraged, will help provide certainty for
everyone engaged in mobile commerce. Confirming a request to cease future text messages is
not harmful to consumers, it is useful. We ask that as you apply your stringent criteria in
deciding this matter that you take into consideration all applicable rules, regulations and laws.
Sincerely,
4~~.s----
Scott Brown