Commercial SMS Text Messages and the Telephone Consumer Protection Act

We recently authored an article in the New York State Bar Association NY Business Law Journal, "Commercial SMS Text Messages and the Telephone Consumer Protection Act," on the applicability of the Telephone Consumer Protection Act to SMS text messages. The article discusses the divergent opinions in Joffe v. Acacia Mortgage, 121 P.3d 831 (Ariz. App. 2005) and  Satterfield v. Simon & Schuster, No. C 06-2893 CW, 2007 U.S. Dist. LEXIS 46325 (N.D. Cal. June 26, 2007).

Here's a link to a reprint of the article provided with the permission of the New York State Bar Association, and here's an excerpt:

Advertisers interested in mobile phone marketing opportunities must be cognizant of applicable laws governing commercial SMS messages, including the TCPA, especially given the rise in claims being brought under the statute. With two courts offering contrasting decisions on the applicability of the TCPA to e-mail-to-phone SMS messages, the law remains highly unsettled in this area. This confusion is further highlighted as mobile technology becomes more sophisticated, particularly with the advent of such multifunctional devices as the iPhone or Blackberry, which, at fi rst glance, look more like mobile computers than mere cellular phones. In the future, as more mobile devices allow for the reading of e-mail and Web site surfing, the capability to receive additional commercial messages and e-mail spam will likely increase, and with it, additional privacy issues affecting businesses are likely to arise as well.