How To Obfuscate An SMS Opt-Out

Beware Of Unconventional Opt-Outs

Rando v. Edible Arrangements
Class Complaint – Plaintiff joined, then withdrew from an Edible Arrangements (EA) text program. Plaintiff alleged the texts continued after he attempted to opt-out. His attempts included sending the following via text message:

  • Take my contact info off please
  • I want to confirm that I have been removed off your contacts
  • I asked to be removed from this service a few times. Stop the messages.”
  • Again I want to stop this service thank you.”

Plainitff alleged EA told him the only way to opt-out was to text “STOP.”
[D. N.J.; 1:17-cv-00701]
jbho: it seems pretty clear plaintiff was gaming EA. Nonetheless, a reminder you should consider building some intelligence into your opt-out processing to recognize such ‘unconventional’ opt-out requests – at least until the FCC or Congress build some structure around revocation of consent.

 

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