In 2003, Congress enacted the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act to curb spam. As required by the Act, the Federal Communications Commission (FCC) adopted rules that prohibit sending unwanted commercial messages to wireless devices without prior permission.
FCC rules prohibit sending unwanted text messages to your wireless phone number if they are sent using an autodialer, or if you have placed that number on the national Do-Not-Call list.
Even if you have placed your wireless phone number on the national Do-Not-Call list, the TCPA does not protect you from receiving commercial messages sent to that number if:
- You have given your prior consent to the sender, or;
- You have an established business relationship with the sender.
What to Do If You Receive an Unwanted Commercial Message on Your Wireless Device
You may file a complaint with the FCC if you receive:
- An unwanted commercial message sent to a wireless device; or
- A telephone solicitation made to a wireless device for which the phone number is registered on the national Do-Not-Call list; or
- Any autodialed text message on your wireless device, or an unwanted commercial message to a non-wireless device from a telecommunications company or advertising a telecommunications company’s products or services.
You can file an online complaint for free with the FCC here.