[LINK] US ruling on mobile phone solicitation

Jan Whitaker jwhit at janwhitaker.com
Tue Jun 23 17:29:20 EST 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."
>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 
sing or write, for only in such response do we find truth.
~Madeline L'Engle, writer

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