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FTC Targets Text Message Spam

3/17/2011


Last month, the Federal Trade Commission (“FTC”) took its first steps into the arena of SMS text messaging litigation, suing an individual named Phillip Flora who allegedly sent more than 5 million unsolicited text messages in a 40-day span beginning in August 2009. This lawsuit should be a concern for companies involved in text-message marketing campaigns, as it signals the FTC’s willingness to tackle the issue of SMS spam. Coupled with consumer class actions under the Telephone Consumer Protection Act, 47 U.S.C. 227 (“TCPA”), enforcement actions like this one could have a significant impact on the mobile marketing landscape. Read more ...