Court Treats SMS Spam Like Telemarketing Call
from the pick-a-law dept
The Arizona Court of Appeals ruled last month that unsolicited SMS messages fall under the rule of the Telephone Consumer Protection Act of 1991, deciding they constitute an auto-dialed call to a cell phone, which is prohibited. The TCPA, put in place well before legislators had any idea text messages even existed, has been used before by carriers to try and stop SMS spam, like Verizon, which used it to sue some spammers last year. The company in the suit also argued that the CAN SPAM Act pre-empted the TCPA in matters of unsolicited messages, though the court disagreed. Two points on that note: first, CAN SPAM covers emails sent to mobile phones, which these messages were, making the argument moot; second, isn't it great that CAN SPAM providers spammers with ways to defend what they do?