CommLaw Monitor https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor News and analysis from Kelley Drye’s communications practice group Tue, 03 Dec 2024 05:39:30 -0500 60 hourly 1 Text Messaging Provider Sues T-Mobile for Unlawful Call Blocking https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/text-messaging-provider-sues-t-mobile-for-unlawful-call-blocking https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/text-messaging-provider-sues-t-mobile-for-unlawful-call-blocking Wed, 22 Sep 2010 10:00:00 -0400 As consumers increasingly rely on mobile phones, marketers naturally are following. Text messaging, in particular, has proven to be a popular marketing method. It is not surprising, therefore, that we are seeing in increase in litigation over the obligations of senders and mobile carriers with respect to text messaging campaigns.

The latest example of this trend is a complaint brought in US District Court by text broadcaster EZ Texting, Inc. against T-Mobile USA. In the complaint, EZ Texting alleges that T-Mobile unlawfully blocked EZ Texting's "short code" (a six digit number to which consumers may direct text messages) on T-Mobile's network. The reason, as alleged by EZ Texting, was that T-Mobile "did not approve" of an EZ Texting customer that provided information concerning the location of legal medical marijuana dispensaries in California.

EZ Texting alleges that text messages are "calls" and that Title II's common carrier obligations apply, most notably, Section 201's prohibition on unjust and unreasonable practices and Section 202(a)'s non-discrimination requirement. EZ Texting also seeks a temporary restraining order and a preliminary injunction. The court set a hearing on the request for September 30.

The complaint already has garnered a fair amount of attention from others. Public Knowledge posted on its blog about the case, arguing that the case illustrates the need for the FCC to act on Public Knowledge's 2007 Petition for Declaratory ruling seeking classification of text messaging as a Title II service. About 75 parties filed comments or replies in response to that petition.

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Text Messaging Petition Draws Little Comment https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/text-messaging-petition-draws-little-comment https://www.kelleydrye.com/viewpoints/blogs/commlaw-monitor/text-messaging-petition-draws-little-comment Mon, 07 Dec 2009 08:00:00 -0500 Initial comments were filed last week on Club Texting's request for a declaratory ruling regarding the use of text broadcasting for marketing purposes. Club Texting, a provider of mass texting services to marketers and other customers, asked the FCC to rule that text broadcasters enjoy the same protection from liability under the TCPA that applies to fax broadcasters. Under this standard, a text broadcaster would not be considered a "sender' of the message unless it has a "high degree of involvement" in an illegal message or had actual notice that the transmission is illegal and failed to take steps to prevent the transmission.

The FCC sought public comment on Club Texting's petition, but the only comment was filed by another text broadcaster. Not surprisingly, the commenter also supported a ruling that the FCC will apply the same standard to text broadcasters that it applies to fax broadcasting. No consumers, class action plaintiffs or public interest groups filed in response to the petition.

With such little comment, it is unlikely the FCC will rule on the petition any time soon, if at all. This issue most likely will be addressed initially in litigation challenging a mobile marketing campaign.

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