Businesses that communicate with consumers by text message continue to face significant litigation risk under the Telephone Consumer Protection Act. Subject to limited exceptions, the TCPA prohibits sending texts to a consumer using an automatic telephone dialing system absent the consumer’s prior express consent — with marketing texts requiring “prior express written consent.” And consumers that have consented to automated texts are entitled to revoke their consent. Thus, businesses must effectively track consumers’ consent, as well as any revocation requests.
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