April 11, 2025.

That’s the date the FCC’s new revocation rules go into effect.

The new rules will require companies to cease all contact to cellular phones through all channels for all purposes in response to a single “stop” notification–with only a limited ability to “clarify” the consumer’s intent.

And a new case out yesterday demonstrates just how tricky this new rule is going to be.

In Kramer v. USHealth Advisors, 2024 WL 4880559 (S.D. Ill. Nov, 25, 2024) a plaintiff allegedly continued to receive marketing text messages after attempting to opt out. In at least one instance, however, his opt out was not a “stop” request but rather a response of “No DUCK OFF” when asked if he was interested in coverage.

The statement “DUCK OFF” is not one most companies are prepared to absorb and honor as a revocation request, I suspect. Yet that is precisely the sort of free form opt-out that folks need to be looking for.

The Court found the Plaintiff had alleged “more than enough” to find a valid 227(c) claim and also determined the Plaintiff did not have to register his number on the DNC list personally to state a claim.

Indeed, the Court found the defendant’s conduct of sending texts after “repeated” opt outs–including the “duck off”–to be evidence that Defendant lacked a DNC policy entirely!

Rough stuff.