New Jersey isn’t content with going after unsolicited junk mail checks and credit card offers–it appears to be aiming for Least Friendly Junk Marketing State in the Union. The latest target: marketers who send out unsolicited text messages.
From the ABC News and the Associated Press:
The measure sponsored by Vitale, D-Woodbridge, and Sen. Sean Kean, R-Wall, would bar the sending of unsolicited ads by text messaging if they cause recipients to pay fees or if they reduce the number of text messages allotted by their telecommunications provider.
It defines an unsolicited ad as any message sent without the recipient’s express prior permission that encourages the purchase of, rental of or investment in any form of merchandise, including services.
Fines could start as high as $10,000, and if the marketer knew or should have known (?) that the recipient is a senior citizen or has a disability, it can go as high as $30,000.
There’s one loophole in the proposed legislation, however. “someone who sends only one such text message during a 12-month period would not be liable under the measure.”