Text message spam (often called m-spam, for “mobile spam”) is among the most annoying spam we get. We’ve all gotten pretty accustomed to receiving spam in our email inboxes, even if we don’t care for it. But our cell phones are more personal. Receiving an unexpected text message that advertises something feels like more of a violation than other methods of spam. Also, many people pay per text message for the SMS technology, incoming AND outgoing, so victims end up not just enduring but PAYING for the experience of receiving unwanted texts. Customers don’t have the option of choosing which of their incoming text messages they accept (and agree to pay for) and which ones they don’t. Text message spam is frustrating and costly, so what can be done about it?

The CAN-SPAM Act of 2003 addresses this issue, at least in part. The Act prohibits sending unwanted commercial email messages to wireless devices without express prior permission. The definition of “commercial messages” (those that advertise a product or service) is pretty widely understood. That said, the CAN-SPAM Act covers messages sent to cell phones and pagers IF the message uses an Internet address that includes an Internet domain name. It does not cover “short messages” sent from one phone to another.

So if a spammer sends commercial texts to your cell phone and uses another phone (instead of a computer) to do it, are you stuck without any recourse? No, because where the Act leaves off is where the Telephone Consumer Protection Act (TCPA) and other FCC rules take over. From the FCC website regarding the TCPA: “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.”

So for starters, put your cell phone on the Do-Not-Call list, just in case you receive (or fear you might receive) undesired text messaging. That way, you’ll have grounds for filing a complaint with the FCC. Keep in mind, though, that some messaging is exempt from the bans; for example, if you have an established relationship with a business (i.e., messaging regarding a warranty you have on a product you’ve bought from them), if you’ve given them consent to text or call you (always read the fine print when you sign up for a service, just to make sure you’re not giving consent if you don’t want to), or if the messaging falls under the noncommercial category (which includes political organizations and religions), you’re not allowed to file a complaint. But outside of these exceptions, if you put your phone on the Do-Not-Call list and still receive spam texts, or you receive a commercial message sent via email that is clearly in violation of the CAN-SPAM Act, you can file a complaint here.

What about short-code text messages? You know, the ones with just a 4-6 digits instead of a full phone number. If you get messages from short-code sources, you probably opted-in for something, such as radio station updates. If you don’t want to receive them anymore, reply with “STOP” and see if that works. If you’re not even sure where the messages are coming from, there’s a short-code registry that allows you to check. It’s not guaranteed to be accurate, and it’s not comprehensive, but it’s a start if you need to find out the source of your unwanted messages so you can contact them and tell them to stop.

What else can you do to prevent text message spam before it happens? First, don’t give your cell phone number out unless you absolutely have to. Don’t post your number online where people can find it, since that’s just an invitation to spammers. If you DO feel the need to share your number with a website (say, when you’re signing up for alerts), read their privacy policy to make sure that your phone number won’t be sold to a third party. You don’t want to unknowingly give out that “express prior permission” described in the CAN-SPAM Act that would open the door for spammers to flood your phone with messages.

You can also contact your cell phone provider to make them aware of unwanted text messages if it becomes a problem. AT&T, T-Mobile, Sprint and Verizon offer methods on their websites that allow customers to block emailed messages (or just certain domains) sent to their phone; for each provider, look for “text messaging preferences” or “communication tools” after you log in to get you started on setting up an email block. Even if your carrier doesn’t offer this feature online, most U.S. carriers should be able to handle this for you if you call them directly. Be careful using this option, though, since it could block messages you actually WANT to receive via email-based messaging, such as the message from your airline notifying you of a flight change. 

If all else fails, responding to a text spam with the word “unsubscribe” is worth a try.

Sources for this article: www.fcc.gov, www.lifehacker.com, www.consumer-preference.com, Wikipedia, Pogue’s Posts

Wrong. Let’s go through some of the most common misconceptions of the Do Not Call Registry, and what the reality is:

Misconception #1 – Being on the list means no one can call you to sell you anything.

The reality – The list doesn’t include calls from political organizations, charities, telephone surveys, companies that you have a business relationship with (i.e., you bought something from them recently), and companies that you have already given permission (in writing) to call you.

Misconception #2 - You can register just home phones and landlines, not cell phones.

The reality – You can register any number, including cell phones, with the Do Not Call Registry. There is an email that has been making the rounds for years that insists a cell phone database is about to be released to telemarketers, but this email is a hoax. You are not about to be inundated with telemarketing calls to your cell phone, as it is against FCC regulations for automated dialers (which most telemarketers use) to dial cell phone numbers. Still, if you choose to register your cell number with the Do Not Call Registry, you may do that.

Misconception #3 – The same day that you register your number, the calls must stop.

The reality – It may take up to 31 days for telemarketers to update their systems and stop calling you.

Misconception #4 – Even if a telemarketer calls me without permission, they won’t be penalized. 

The reality – If you receive a call from a telemarketer more than 31 days after signing up for the Do Not Call Registry, and you don’t think the telemarketer is included in the list of permitted callers, then you can file a complaint with the Registry on their web page. If a telemarketer is found to be in violation of the rules, they will be penalized with a hefty fine, up to $11,000 per violation.

Misconception #5 – If you add your number to the Do Not Call Registry, the privacy of your information will be compromised.

The reality – Your number is placed in the registry solely for telemarketers to use in updating their own do-not-call records every 31 days. Phone numbers may also be shared with law enforcement officials, but other than that, all information is stored securely and not shared with anyone else. 

Misconception #6 – Your registration will expire after 5 years.

The reality – Pending final Congressional approval to make the list permanent, your number won’t be dropped from the list after a 5-year period (or any other period).

Misconception #7 – There is a deadline for registering your number.

The reality – There is no deadline for adding your number to the National Do Not Call Registry. You can do it at any time.

To learn more about the National Do Not Call Registry, visit the FAQ page.

If you are a business that uses telemarketing techniques, you should make sure that you are in compliance with the National Do Not Call Registry guidelines. The registry’s website has some information for businesses that you can use to learn more, such as the cost for accessing the Do Not Call database (the first five area codes are free), the potential penalties for violations, and the specifics about what calls are exempt from the regulations.

Sources: www.donotcall.gov, www.ftc.gov, www.fcc.gov, www.snopes.com