[LINK] US ruling on mobile phone solicitation
Jan Whitaker
jwhit at janwhitaker.com
Tue Jun 23 17:29:20 AEST 2009
[I wonder if we could get something like this here, if we don't
already have in out Telecomm Act]
>Appeals Court Says S&S Violated Telephone Law with Text Message
>Solicitation for King Book
>The ever-unpredictable Ninth Circuit (e.g. California) Court of
>Appeals on Friday overturned a lower court verdict and held that
>Simon & Schuster violated the Telephone Consumer Protection Act as
>currently interpreted by the FCC in sending unsolicited text
>messages to cellphones in promoting Stephen King's THE CELL.
>MediaPost says "the decision appears to mark the first time that a
>federal appellate court has said that the telephone law applies to
>text messages."
>
>S&S had argued that a text message is not a "call" under the
>law--the Appeals court disagreed, saying the law itself "is silent
>as to whether a text message is a call" so the FCC's interpretation
>can stand. The other major issue, in which the plaintiff had given
>"consent" to receive marketing messages from ringtone provider
>Nextone and its affiliates, did not extend to third parties: "The
>record also shows no agreement between Nextones and Simon &
>Schuster. Therefore, Simon & Schuster is not a Nextones Brand."
>
>S&S spokesperson Adam Rothberg comments: "We fully intend to
>continue defending this matter. Our next steps are under review, and
>while we don't comment on the specifics of matters in litigation,
>before conducting any promotional campaign we assure ourselves that
>it will be conducted in compliance with all relevant laws."
><http://click.publisherslunchdaily.com/cp/redirect.php?u=NTAwNnwzNDQ4OXxqd2hpdEBqYW53aGl0YWtlci5jb218MzA3ODQ2fDc2MDIyMjM2fDQ4NjQwMQ==&id=1750953>Media
>Post
><http://click.publisherslunchdaily.com/cp/redirect.php?u=NTAwNnwzNDQ4OXxqd2hpdEBqYW53aGl0YWtlci5jb218MzA3ODQ2fDc2MDIyMjM2fDQ4NjQwMQ==&id=1750954>Downloadable
>court ruling
Melbourne, Victoria, Australia
jwhit at janwhitaker.com
blog: http://janwhitaker.com/jansblog/
business: http://www.janwhitaker.com
Our truest response to the irrationality of the world is to paint or
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~Madeline L'Engle, writer
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