Criminality and Law Enforcement
SMS spam is illegal under common law in many jurisdictions as trespass to chattels. Jurisdictions with specific SMS spam regulation and fines include Australia, the EU, and the United States. In the US, violators face substantial costs. For example, in a 2008 settlement, the violator agreed to pay $150 to each spam recipient. In a 2010 class action settlement of Satterfield v Simon & Schuster, a case that reached the US Ninth Circuit Court of Appeals, defendants agreed to pay $175 to each spam recipient. In response to Satterfield, entities who make money sending mobile phone spam formed the Mobile Advocacy Coalition (MAC) to lobby the government to legalize that activity. In the US, the Federal Trade Commission (FTC) has expanded Phone Spam regulations to cover also Voice Spam—mostly in form of prerecorded telemarketing calls—commonly known as robocalls; victims can file a complaint with the FCC. In California, Section 17538.41 of the B&P Code bans text message advertisement. Consumers can sue on an individual or class basis per a private right of action against unfair business practices.
Read more about this topic: Mobile Phone Spam
Famous quotes containing the words criminality and/or law:
“There is no society known where a more or less developed criminality is not found under different forms. No people exists whose morality is not daily infringed upon. We must therefore call crime necessary and declare that it cannot be non-existent, that the fundamental conditions of social organization, as they are understood, logically imply it.”
—Emile Durkheim (18581917)
“These, having not the law, are a law unto themselves.”
—Bible: New Testament St. Paul, in Romans, 2:14.