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"SMS spam is certainly something that people are focusing on, particularly in markets like Japan where it is a common problem," said Jeff Bullwinkel, a spokesman for Microsoft Corp,
[DoCoMo]Create? in Japan has cut off 2173 lines because of spam abuse
In fact in the U.K. the sending of unsolicited SMS messages is covered under the same legislation as junk faxes, and therefore an offence. Under Government legislation introduced on 1 May 1999 it is unlawful to send an unsolicited sales and marketing fax or SMS to an individual (which includes consumers, sole traders and except in Scotland partnerships) without their prior consent, something which even the big telecoms companies seem blissfully unaware of.
Registry list fraud with government based registry: The telephone preference service has recently come under scrutiny itself, after numbers registered with the TPS and used for no other purpose received unsolicited messages. It has been hypothesised that unscrupulous companies are passing lists of numbers to the TPS to get them 'validated' - if an answer is received to say that the number is registered with the TPS then it is 'live' and sending a message to it will be almost certain to pay off.
www.tpsonline.org.uk - UK registry for unsolicited sales and marketing call prevention
Both Sainsbury's Mobile and Virgin Wines were forced to offer public apologies after trusting a disreputable marketing company who then sent out unsolicited communications on their behalf - and if recipients had not complained then they would not even have known
Example of SMS spam: "Urgent u've been chosen 2 receive a guaranteed 500 mystery award awaiting collection tel 09066368325 callcost1.50pmorefrommobile2Bremoved-[MobyPOBox734LS27YF]Create?"
When recipient of a spam called his phone company, the better part of 30 minutes went on the Telstra representative arguing that the telco had not sent the message.
After continued complain, the telco gave Paul the regular number of the person who had sent that intriguing message and asked him to call them directly and complain.
"I recently found a charge on my Cingular cellular phone bill for $9.99," the reader wrote. "The line item on the bill was for e-wallet services and the company referenced was Mblox.com. I sent an e-mail to Mblox and received a response stating that they were simply a middleman and that the charge came for a company called Dadamobile.com. I had never heard of the company. My next e-mail went to Dadamobile."
failure to obtain express permission of the consumer
unauthorized use of automatic calling systems
Receivers of unsolicited text messages may be entitled to recover money.
By Blim & Edelson, LLC
Jay Edelson, of the law firm Blim & Edelson, LLC, 53 West Jackson Boulevard, Suite 1642, Chicago, Illinois 60604.
Consortium are licensed to practice law in at least one of the following jurisdictions: California, Illinois, Massachusetts, Oklahoma, New York, Louisiana, Wisconsin, and the District of Columbia. Additionally, the attorneys have been admitted pro hac vice (on an individual case basis) in Texas, Maryland, Virginia, and other states.