[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3138 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3138

                     To prohibit text message spam.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 16, 2008

   Mr. Smith (for himself, Mr. Nelson of Florida, Mr. Pryor, and Ms. 
Snowe) introduced the following bill; which was read twice and referred 
       to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
                     To prohibit text message spam.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Do-Not-Text Act of 2008''.

SEC. 2. EXEMPTION OF CERTAIN QUALIFYING MESSAGES FROM THE DEFINITION OF 
              MOBILE SERVICE COMMERCIAL MESSAGE.

    (a) In General.--Section 14(d) of the CAN-SPAM Act of 2003 (15 
U.S.C. 7712(d)) is amended to read as follows:
    ``(d) Mobile Service Commercial Message Defined.--In this section, 
the term `mobile service commercial message'--
            ``(1) means a commercial electronic mail message that is 
        transmitted directly to a wireless device that is utilized by a 
        subscriber of commercial mobile service (as such term is 
        defined in section 332(d) of the Communications Act of 1934 (47 
        U.S.C. 332(d))) in connection with such service; and
            ``(2) does not include any such commercial electronic mail 
        message, if the primary purpose of such message is to--
                    ``(A) facilitate, complete, or confirm a commercial 
                transaction that the recipient of such message has 
                previously agreed to enter into with the sender of such 
                message;
                    ``(B) provide warranty information, product recall 
                information, or safety or security information with 
                respect to a commercial product or service used or 
                purchased by the recipient of such message;
                    ``(C) provide, with respect to a subscription, 
                membership, account, loan, or comparable ongoing 
                commercial relationship involving the ongoing purchase 
                or use by the recipient of such message of products or 
                services offered by the sender of such message--
                            ``(i) notice concerning a change in the 
                        terms or features of such subscription, 
                        membership, account, loan, or comparable 
                        ongoing commercial relationship;
                            ``(ii) notice of a change in the standing 
                        or status of the recipient with respect to such 
                        subscription, membership, account, loan, or 
                        comparable ongoing commercial relationship; or
                            ``(iii) at regular periodic intervals, 
                        account balance information or other types of 
                        account statements with respect to such 
                        subscription, membership, account, loan, or 
                        comparable ongoing commercial relationship;
                    ``(D) provide information directly related to an 
                employment relationship or related benefit plan in 
                which the recipient of such message is currently 
                involved, participating, or enrolled; or
                    ``(E) deliver goods or services, including product 
                updates or upgrades, that the recipient of such message 
                is entitled to receive under the terms of a transaction 
                that the recipient has previously agreed to enter into 
                with the sender of such message.''.
    (b) Rule of Construction.--Section 14 of the CAN-SPAM Act of 2003 
(15 U.S.C. 7712) is amended by adding at the end the following:
    ``(e) Rule of Construction Regarding Short Messaging Services and 
Mobile Service Commercial Messages.--This provisions of this section 
shall not prohibit--
            ``(1) the sending of phone-to-phone short messages; and
            ``(2) the sending of mobile service commercial messages by 
        a provider of commercial mobile service (as such term is 
        defined in section 332(d) of the Communications Act of 1934) to 
        its subscribers at no cost to its subscribers unless a 
        subscriber has expressed his or her desire not to receive such 
        messages from the provider.''.

SEC. 3. PROHIBITION ON UNAUTHORIZED MOBILE SERVICE COMMERCIAL MESSAGES 
              CONTAINING UNSOLICITED ADVERTISEMENTS.

    (a) Prohibition.--Section 227(b)(1) of the Communications Act of 
1934 (47 U.S.C. 227(b)(1)) is amended--
            (1) in subparagraph (C)(iii), by striking ``; or'' and 
        inserting a semicolon;
            (2) in subparagraph (D), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(E) to send a mobile service commercial message 
                to any person who has not provided express prior 
                authorization for the receipt of such message to the 
                sender of such message.''.
    (b) Definitions.--Section 227(a) of the Communications Act of 1934 
(47 U.S.C. 227(a)) is amended--
            (1) by redesignating paragraphs (3) through (5) as 
        paragraphs (4) through (6), respectively; and
            (2) by inserting after paragraph (2) the following:
            ``(3) The term `mobile service commercial message' has the 
        same meaning given such term in section 14(d) of the CAN-SPAM 
        Act of 2003 (15 U.S.C. 7712(d)).''.
    (c) Rule of Construction.--Section 227(d) of the Communications Act 
of 1934 (47 U.S.C. 227(d)) is amended by adding at the end the 
following:
            ``(4) Rule of construction regarding short messaging 
        services and mobile service commercial messages.--The 
        prohibition prescribed under subsection (b)(1)(E) shall not 
        prohibit--
                    ``(A) the sending of phone-to-phone short messages; 
                and
                    ``(B) the sending of mobile service commercial 
                messages by a provider of commercial mobile service (as 
                such term is defined in section 332(d)) to its 
                subscribers at no cost to its subscribers unless a 
                subscriber has expressed his or her desire not to 
                receive such messages from the provider.''.

SEC. 4. MOBILE SERVICE COMMERCIAL 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 revise the 
do-not-call registry provisions of the Telemarketing Sales Rule (16 
C.F.R. 310.4(b)(1)(iii))--
            (1) to consider commercial mobile service messaging 
        practices that are costly or a nuisance to consumers; and
            (2) to explicitly prohibit, as an abusive telemarketing act 
        or practice, the sending of any mobile service commercial 
        message to a telephone number that is--
                    (A) assigned to a commercial mobile service; and
                    (B) listed on the do-not-call registry.
    (b) Definitions.--As used in this section--
            (1) the term ``mobile service commercial message'' has the 
        same meaning given such term in section 14(d) of the CAN-SPAM 
        Act of 2003 (15 U.S.C. 7712(d)); and
            (2) the term ``commercial mobile service'' has the same 
        meaning given such term in section 332(d) of the Communications 
        Act of 1934 (47 U.S.C. 332(d)).
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