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Capital One Wants Additional TCPA Clarity From FCC

Capital One said the FCC should develop clear, reasonable rules on the definition of automatic telephone dialing system (ATDS) and “called party,” and provide a clear standard to “govern consent revocation when it comes to automated text message programs” to…

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limit litigation under the Telephone Consumer Protection Act, meeting Consumer and Government Affairs Bureau staff. "Confirm that: (1) if the sender of a text message transmitted through an ATDS clearly and conspicuously discloses that a ‘STOP’ reply will revoke a recipient’s prior express consent to receive such messages, then a recipient’s attempt to revoke his or her consent through other means is per se unreasonable," it filed, posted Tuesday in docket 18-152 "(2) if a ‘STOP’ reply is received in response to such a text message, and that message is part of a program that transmits different categories of messages, then the sender can clarify the scope of the recipient’s consent revocation without" a violation.