O’Dea Votes to Ban Unsolicited Text Messages

HARTFORD — With cell phone use becoming ubiquitous, marketers are turning increasingly to advertising on phones and other mobile devices to drive sales. In response to this growing trend, State Representative Tom O’Dea (R-125) voted Friday to ban marketers from sending unsolicited commercial text messages to consumers.

SB-209, An Act Prohibiting Unsolicited Commercial Text Messages and Increasing Penalties for Violations of the ‘Do Not Call’ Registry, explicitly prohibits telephone solicitors from sending unsolicited text messages at any time of day, except under specific circumstances or with prior written consent from the recipient.

Rep. O’Dea, who sits on the legislature’s Judiciary Committee where the bill originated, was pleased to see the bill pass.

“The fact that this bill passed unanimously in committee, in the Senate, and now in the House, speaks to our universal understanding of this bill’s benefits,” O’Dea said. “Not everyone has a texting plan, and charges can be steep. Preventing people from being hit with charges from unsolicited advertising messages was a no-brainer.”

Under the bill, a text message is defined as a written message sent electronically to a mobile telephone or mobile electronic device’s telephone number. It does not include electronic mail sent to an electronic mail address. Although the bill forces text-message marketers to abide by the Do Not Call registry requirements, it does allow solicitors to send marketing text messages as long as the customer’s prior written consent is received.

The bill increases the maximum fine for each registry violation from $11,000 to $20,000. Additionally, it requires all companies that issue account statements for cellular phones, telephones and mobile devices to print a conspicuous notice twice each year which informs consumers of prohibited actions by solicitors, how to place their numbers on the “Do Not Call’ registry, and how to file complaints with the Department of Consumer Protection for any violations.

The bill, which has passed in both the House and the Senate, now heads to Governor Malloy for his signature.