ASSEMBLY PASSES MORIARTY/CRUZ-PEREZ BILL OUTLAWING UNSOLICITED TEXT MESSAGE ADS

ASSEMBLY PASSES MORIARTY/CRUZ-PEREZ BILL OUTLAWING UNSOLICITED TEXT MESSAGE ADS
Measure Would Protect Cell Users from Depleted Minutes,
Usage Fees Due to Unwanted Advertisements

(TRENTON) - The Assembly today passed legislation Assembly members Paul D. Moriarty and Nilsa Cruz-Perez sponsored to prohibit advertisers from sending unwelcome and unsolicited advertisements to consumers via text messaging.

"Unwanted text messages not only tax consumers' patience, but they are a drain on cell minutes and bank accounts, as well," said Moriarty (D-Gloucester/Camden). "Just as telephone customers have been able to close their homes to unwanted telemarketing calls, cell customers should be able to be free of unwanted text ads."

The Moriarty/Cruz-Perez measure (A-1255) would prohibit the sending of unsolicited advertisements by text messaging if they will cause recipients to incur additional cellular charges or reductions in their cell plans' allocation of usage minutes. Companies could send text advertisements only to cell customers who give express consent. Consumers would be able to revoke an advertiser's texting privileges at any time.

"An increasing number of cell phones are being purchased by parents wanting to keep an emergency line of contact with their children," said Cruz-Perez (D-Camden/Gloucester). "These unwanted text messages can compromise a parent's desire to ensure only vital messages get through to their kids."

According to published reports, an increasing number of cell phone users are registering complaints about unwanted third-party advertisements being sent to their phones via text message. One business, a ring tone and games provider named Blinko, had garnered so many complaints about its minutes-draining messages and $9.95 monthly fees that Verizon Wireless revoked its access to the company's cell subscribers.

"The growing number of complaints regarding unwanted text advertisements can no longer be ignored," said Moriarty (Gloucester/Camden). "Cell phone users deserve basic protections against business practices that cause headaches and cost them money."

Violations of the measure would be punishable under the state's consumer fraud act, with fines of up to $10,000 for a first offense. Repeat offenses could be punished by up to $20,000 in fines, as well as injunctive relief, triple damages, and restitution.

According to the technology news source CNet, approximately 500 million unsolicited text messages were received by cell users worldwide in 2005. 
The measure also is sponsored by Assemblyman M. Jon Bramnick (R-Union).

The Assembly panel voted the measure 78 to 0 with 1 abstention. It now heads to the Senate for further consideration.

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