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Patrick Hudson filed a class action suit against Ralph Lauren for sending 188 text messages.

Hudson argued that Ralph Lauren send messages

1. without express consent,
2. sent more messages than he agreed to receive and
3. some of the messages did not include a method to opt-out.

The court denied the defendant’s, Ralph Lauren, motion to dismiss the claim.

When you are sending commercial text messages, a lesson from this case is:

• be sure to have clear “express consent” when you are collecting mobile phone number for commercial text messages. Here is an article that may help you

TCPA compliance check list for collecting mobile phone numbers from your website.

• if your call-to-action page specified that you will send 6 msgs/mo., do not send more messages. Alternatively, you may disclose to send “recurring” messages.
• Be sure to include “Reply STOP to cancel” at the end of every message content.

When it comes to TCPA compliance, you do not want to leave out anything that may cause issues down the road.

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