Consumer Law

Bill on Spam Text Messages

By Jeff Sovern

by Jeff Sovern

PC World reports here on a bill aimed at spam sent as text messages to cell phones.  The article quotes from sponsoring Senator Olympia Snowe's press release: "Mobile users in the U.S received about 1.1 million spam text messages in 2007, up 38 percent from 2006, Snowe said in a news release."  Personally, I'm not sure that changing the law will do much to prevent text message spam; existing law already prohibits the use of autodialers to send texts, see Joffe v. Acacia Mortg. Corp., 211 Ariz. 325, 121 P.3d 831 (Ariz. App. 2005), interpreting 47 U.S.C. § 227(b)(1)(A)(iii), and sending texts is a pretty slow process if you're not using an autodialer.  See also 47 C.F.R. § 64.3100 (barring the sending of most unwanted mobile service commercial messages to cell phones with internet domain name on FCC's list of wireless domain names).  So there's a good chance that the spam texts already violate the law.  But maybe there's some exception I'm not aware of, or maybe the bill would enhance enforcement, particularly since the article observes that the bill would "strengthen the [FCC's and FTC's] powers" to stop spam texts.  (Hat tip to my co-author, Dee Pridgen)

Full post as published by CL&P Blog on April 08, 2009 (boomark / email).