110 HR 5769 IH: SMASH Act U.S. House of Representatives 2008-04-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 5769 IN THE HOUSE OF REPRESENTATIVES April 10, 2008 Mr. Gingrey (for himself, Mr. Aderholt, Mr. Akin, Mrs. Bachmann, Mr. Bartlett of Maryland, Mr. Bilirakis, Mrs. Blackburn, Mr. Broun of Georgia, Mr. Campbell of California, Mr. Conaway, Mr. Deal of Georgia, Mrs. Drake, Mr. Feeney, Mr. Fortenberry, Ms. Foxx, Mr. Gohmert, Mr. Goode, Mr. Hall of Texas, Mr. King of Iowa, Mr. Kingston, Mr. Lewis of Kentucky, Mr. Linder, Mr. McCotter, Ms. Moore of Wisconsin, Mr. Pitts, Mr. Price of Georgia, Mr. Pearce, Mr. Roskam, Mr. Shimkus, Mr. Sensenbrenner, Mr. Westmoreland, and Mr. Young of Alaska) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To direct the Federal Trade Commission to revise the Telemarketing Sales Rule to explicitly prohibit the sending of a text message containing an unsolicited advertisement to a cellular telephone number listed on the national do-not-call registry.

1.

Short title

This Act may be cited as the Stop M-Spam Abuse as a Sales industry Habit Act of 2008 or as the SMASH Act of 2008.

2.

Text messages containing unsolicited advertisements sent to cellular telephones explicitly prohibited

(a)

In general

Not later than 180 days after the date of the enactment of this Act, the Federal Trade Commission shall issue regulations to revise the Telemarketing Sales Rule to explicitly prohibit, as an abusive telemarketing act or practice, the sending of any electronic commercial message containing an unsolicited advertisement to a telephone number that is— (1)assigned to a commercial mobile service; and (2)listed on the do-not-call registry established by the Federal Trade Commission pursuant to the Telemarketing Sales Rule (16 C.F.R. 310.4(b)(1)(iii)). (b)

Definitions

For purposes of this section: (1)

Electronic commercial message

The term electronic commercial message means any type of message, other than a mobile service commercial message (as defined in section 14(d) of the CAN–SPAM Act of 2003 (15 U.S.C. 7712(d))), sent to a cellular telephone, including a text message, multimedia message, or any successor type of message. (2)

Cellular telephone

The term cellular telephone means any type of wireless device used to access commercial mobile services. (3)

Commercial mobile service

The term commercial mobile service has the meaning given in section 332(d) of the Communications Act of 1934 (47 U.S.C. 332(d)). (4)

Unsolicited advertisement

The term unsolicited adverstisement has the meaning given in section 227(a)(5) of the Communications Act of 1934 (47 U.S.C. 227(a)(5)).

3.

Effect on other laws

Nothing in this Act shall be interpreted to preclude or override the applicability of section 227 of the Communications Act of 1934 (47 U.S.C. 227), section 14 of the CAN–SPAM Act of 2003 (15 U.S.C. 7712), or the rules prescribed under section 3 of the Telemarketing and Consumer Fraud and Abuse Prevention Act (15 U.S.C. 6102).