FCC Issues Declaratory Ruling on the SoundBite Petition: Confirmatory Opt-Out
Messages Are Not In Violation of the TCPA
The Mobile Marketing Association led its membership to garner support for
SoundBite's petition and reinforce the viability of mobile messaging practices
NEW YORK, Nov. 30, 2012
NEW YORK, Nov. 30,2012 /PRNewswire/ --The Federal Communications Commission
(FCC) has issued a Declaratory Ruling based on a petition filed by SoundBite
Communications that states a confirmatory stop text message, a text message
sent to a consumer in response to an opt-out request, does not violate the
Telephone Consumer Protection Act (TCPA).
The Mobile Marketing Association (MMA), the leading global trade association
for the mobile marketing industry, and SoundBite Communications, a customer
communications expert and industry influencer, led an alliance of MMA members
and trade associations, including the CTIA, to raise industry support for
SoundBite's filing. The petition was initially filed in February 2012.
"With this ruling we have potentially saved the industry billions of dollars.
Marketers can safely use messaging and respect the boundaries of consumers to
strengthen their relationship," said Greg Stuart, CEO, Mobile Marketing
Association. "The MMA's mission is to advance the mobile marketing movement
and so we have dedicated resources to provide standards, guidance, and if need
be, protection to ensure that we as an industry move forward. This ruling is a
testament to our efforts and our dedication to fight for a resolution."
The Declaratory Ruling further aligns TCPA with established industry
guidelines including the MMA's "U.S. Consumer Best Practices for Messaging"
and provides clarity to marketers on how to handle consumer requests to
opt-out of text messaging programs. SoundBite, as well as many other
organizations, risked potential lawsuits for sending confirmatory stop text
messages. This issue has been a point of discussion and debate across the
marketing community and the FCC's ruling is a testament to the industry
banding together to address market friction and seek a resolution.
"We commend SoundBite's leadership and work with the Mobile Marketing
Association to secure this ruling. The entire industry was at risk of
litigation or having their messaging shutdown by mobile carriers because of
the ambiguity around the legality of confirmatory stop texts. However, with
the FCC's ruling we have achieved clarity and reaffirmed guidelines set by
industry authorities," said Michael Becker, Managing Director, Mobile
Marketing Association. "We have reenergized mobile messaging as a viable
marketing channel and, ultimately, improved the consumer's mobile experience."
"We appreciate the support from the Mobile Marketing Association in raising
awareness of this issue and helping to bring closure to this conflict between
TCPA regulations and industry best practices. Collectively, our voices made a
difference, and consumers and businesses conducting mobile marketing will
benefit as a result. SoundBite Communications is proud to have led this
initiative and secured this outcome on behalf of the mobile marketing
industry," said Jim Milton, president and CEO, SoundBite Communications.
The MMA member companies, in addition to SoundBite, that supported the
petition include, 4INFO, Inc., Actium Advisors LLC dba Acta Wireless, AT&T
Mobility, Clairmail Inc., iLoop Mobile, Inc. (Archer), Jesta Digital, Mogreet,
Inc., Syniverse Technologies, Telescope, Inc., The Hyperfactory, Vibes Media,
Waterfall Mobile, Inc.
To review the FCC's declaratory ruling visit:
About the Mobile Marketing Association (MMA)
The Mobile Marketing Association (MMA) is the premier global non-profit trade
association established to lead the growth of mobile marketing and its
associated technologies. The MMA is an action-oriented organization designed
to clear obstacles to market development, establish mobile media guidelines
and best practices for sustainable growth, and evangelize the use of the
mobile channel. The more than 700 member companies, representing nearly fifty
countries around the globe, include all members of the mobile media ecosystem.
The Mobile Marketing Association's global headquarters are located in the
United States and it has regional chapters including North America (NA),
Europe (EUR), Latin American (LATAM) and Asia Pacific (APAC) branches. For
more information, please visit www.mmaglobal.com. For information relating to
the MMA's Mobile Marketing Forum series, please visit
FOR MORE INFORMATION CONTACT:
Director of Communications, MMA
M: +1 917-558-1828
GRC for MMA
+1 949 608 0276
SOURCE Mobile Marketing Association
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