S 3138 ISCommentsClose CommentsPermalink

To prohibit text message spam.CommentsClose CommentsPermalink

June 16, 2008CommentsClose CommentsPermalink

Mr. SMITH (for himself, Mr. NELSON of Florida, Mr. PRYOR, and Ms. SNOWE) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and TransportationCommentsClose CommentsPermalink

To prohibit text message spam.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Do-Not-Text Act of 2008’.CommentsClose CommentsPermalink

SEC. 2. EXEMPTION OF CERTAIN QUALIFYING MESSAGES FROM THE DEFINITION OF MOBILE SERVICE COMMERCIAL MESSAGE.

(a) In General- Section 14(d) of the CAN-SPAM Act of 2003 (15 U.S.C. 7712(d)) is amended to read as follows:CommentsClose CommentsPermalink





‘(d) Mobile Service Commercial Message Defined- In this section, the term ‘mobile service commercial message’--CommentsClose CommentsPermalink





‘(1) means a commercial electronic mail message that is transmitted directly to a wireless device that is utilized by a subscriber of commercial mobile service (as such term is defined in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d))) in connection with such service; andCommentsClose CommentsPermalink





‘(2) does not include any such commercial electronic mail message, if the primary purpose of such message is to--CommentsClose CommentsPermalink





‘(A) facilitate, complete, or confirm a commercial transaction that the recipient of such message has previously agreed to enter into with the sender of such message;CommentsClose CommentsPermalink





‘(B) provide warranty information, product recall information, or safety or security information with respect to a commercial product or service used or purchased by the recipient of such message;CommentsClose CommentsPermalink





‘(C) provide, with respect to a subscription, membership, account, loan, or comparable ongoing commercial relationship involving the ongoing purchase or use by the recipient of such message of products or services offered by the sender of such message--CommentsClose CommentsPermalink





‘(i) notice concerning a change in the terms or features of such subscription, membership, account, loan, or comparable ongoing commercial relationship;CommentsClose CommentsPermalink





‘(ii) notice of a change in the standing or status of the recipient with respect to such subscription, membership, account, loan, or comparable ongoing commercial relationship; orCommentsClose CommentsPermalink





‘(iii) at regular periodic intervals, account balance information or other types of account statements with respect to such subscription, membership, account, loan, or comparable ongoing commercial relationship;CommentsClose CommentsPermalink





‘(D) provide information directly related to an employment relationship or related benefit plan in which the recipient of such message is currently involved, participating, or enrolled; orCommentsClose CommentsPermalink





‘(E) deliver goods or services, including product updates or upgrades, that the recipient of such message is entitled to receive under the terms of a transaction that the recipient has previously agreed to enter into with the sender of such message.’.CommentsClose CommentsPermalink





(b) Rule of Construction- Section 14 of the CAN-SPAM Act of 2003 (15 U.S.C. 7712) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(e) Rule of Construction Regarding Short Messaging Services and Mobile Service Commercial Messages- This provisions of this section shall not prohibit--CommentsClose CommentsPermalink





‘(1) the sending of phone-to-phone short messages; andCommentsClose CommentsPermalink





‘(2) the sending of mobile service commercial messages by a provider of commercial mobile service (as such term is defined in section 332(d) of the Communications Act of 1934) to its subscribers at no cost to its subscribers unless a subscriber has expressed his or her desire not to receive such messages from the provider.’.CommentsClose CommentsPermalink

SEC. 3. PROHIBITION ON UNAUTHORIZED MOBILE SERVICE COMMERCIAL MESSAGES CONTAINING UNSOLICITED ADVERTISEMENTS.

(a) Prohibition- Section 227(b)(1) of the Communications Act of 1934 (47 U.S.C. 227(b)(1)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (C)(iii), by striking ‘; or’ and inserting a semicolon;CommentsClose CommentsPermalink





(2) in subparagraph (D), by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink





(3) by adding at the end the following:CommentsClose CommentsPermalink





‘(E) to send a mobile service commercial message to any person who has not provided express prior authorization for the receipt of such message to the sender of such message.’.CommentsClose CommentsPermalink





(b) Definitions- Section 227(a) of the Communications Act of 1934 (47 U.S.C. 227(a)) is amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; andCommentsClose CommentsPermalink





(2) by inserting after paragraph (2) the following:CommentsClose CommentsPermalink





‘(3) The term ‘mobile service commercial message’ has the same meaning given such term in section 14(d) of the CAN-SPAM Act of 2003 (15 U.S.C. 7712(d)).’.CommentsClose CommentsPermalink





(c) Rule of Construction- Section 227(d) of the Communications Act of 1934 (47 U.S.C. 227(d)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(4) RULE OF CONSTRUCTION REGARDING SHORT MESSAGING SERVICES AND MOBILE SERVICE COMMERCIAL MESSAGES- The prohibition prescribed under subsection (b)(1)(E) shall not prohibit--CommentsClose CommentsPermalink





‘(A) the sending of phone-to-phone short messages; andCommentsClose CommentsPermalink





‘(B) the sending of mobile service commercial messages by a provider of commercial mobile service (as such term is defined in section 332(d)) to its subscribers at no cost to its subscribers unless a subscriber has expressed his or her desire not to receive such messages from the provider.’.CommentsClose CommentsPermalink

SEC. 4. MOBILE SERVICE COMMERCIAL MESSAGES CONTAINING UNSOLICITED ADVERTISEMENTS SENT TO CELLULAR TELEPHONES EXPLICITLY PROHIBITED.

(a) In General- Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall revise the do-not-call registry provisions of the Telemarketing Sales Rule (16 C.F.R. 310.4(b)(1)(iii))--CommentsClose CommentsPermalink





(1) to consider commercial mobile service messaging practices that are costly or a nuisance to consumers; andCommentsClose CommentsPermalink





(2) to explicitly prohibit, as an abusive telemarketing act or practice, the sending of any mobile service commercial message to a telephone number that is--CommentsClose CommentsPermalink





(A) assigned to a commercial mobile service; andCommentsClose CommentsPermalink





(B) listed on the do-not-call registry.CommentsClose CommentsPermalink





(b) Definitions- As used in this section--CommentsClose CommentsPermalink





(1) the term ‘mobile service commercial message’ has the same meaning given such term in section 14(d) of the CAN-SPAM Act of 2003 (15 U.S.C. 7712(d)); andCommentsClose CommentsPermalink





(2) the term ‘commercial mobile service’ has the same meaning given such term in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)).CommentsClose CommentsPermalink