Facts

Kathleen Holt filed a purported class action against Redbox Automated Retail LLC, alleging it violated the Telephone Consumer Protection Act (TCPA) by sending consumers unsolicited text messages. Holt received an unsolicited text message from her cellular phone and responded to Redbox's text message with a text message that read "STOP." In response, Redbox sent a text that stated: You are now unsubscribed from REDBOXALERTS, sorry to see you go. For more info, visit http://ix.ly/727272. Msg&data rates may apply.

Redbox filed a motion to dismiss in light of a Federal Communications Commission (FCC) ruling on the Petition of SoundBite Communications Inc. that "sending a one-time text message confirming a consumer's request that no further text messages sent does not violate the TCPA as long as the confirmation text has the specific characteristics."

Result

The district court granted Redbox's motion to dismiss.