The way state lawmakers figure it, it's annoying enough to get an unwanted text message.
But having to pay for it only adds insult to injury.
So the House Committee on Technology and Infrastructure voted unanimously Thursday to make it illegal for companies to use automated systems to send text messages trying to sell goods or services. Individual violators could wind up paying fines of $750. But the penalty for a company for the same offense can reach $10,000.
And to be sure that companies don't look for a loophole, the same prohibition also applies to what are texts purportedly requesting survey information if the real aim ultimately is to get people to buy something.
Rep. David Stevens, R-Sierra Vista, said these messages come in all forms.
"A couple of days ago I got I got a text: Find all the hot babes in Phoenix,'' he told members of the committee he chairs.
Arizona law already precludes companies from making "robocalls'' to get people to buy anything.
And the Federal Communications Commission maintains a "do not call'' list which allows individuals to register both landline and cell phone numbers to make them off limits to most unwanted calls. There are exceptions, though, for political calls and polling.
Stevens said his legislation falls in the same category.
The measure is drawing questions from several cell phone companies.
Jerry Fuentes, the president of AT&T for Arizona and New Mexico, said his company routinely sends text messages to its own customers who have been to one of their offices.
"For example, I'm in a store and I buy a service or product,'' he told lawmakers.
"We'll send a text message and ask them about their experience,'' Fuentes said, asking them things like if they got all their questions answered. "And we get the feedback from that so we can serve them better.''
But Rep. Lisa Otondo, D-Yuma, said the bottom line is that the message is unsolicited, as opposed to a customer having asked for such notifications.
Rep. Bob Thorpe, R-Flagstaff, said that, annoyance aside, some customers have not purchased a cell phone plan which includes a fixed number of text messages. The result, he said, is that each time one of those unwanted texts comes in, the customer's bill goes up by a quarter.
Lobbyists John Mangum, representing T-Mobile, told lawmakers if they want to make automated texts illegal, there needs to be an exception for situations where a customer has requested such notifications.
He noted that new federal rules, set to take effect in October, will require prior express written consent to deliver an autodialed marketing call or text message to a cell phone. That rules would not apply to things like flight updates, debt collection calls, surveys or bank account fraud alerts.
The legislation now goes to the full House.
Deddzone posted at 3:38 pm on Sun, Feb 10, 2013.
I've never gotten messages like that republican asking about hot girls in the Phx area. Seems very odd and wonder why he got it....could be perfectly innocent, right?
With that said, I get only messages from friends and family. Seems like this is not something Arizona state gov can take care of, as most of these cellphone plans are not just local but nation wide.
However, when has that ever stopped Arizona from wasting time...
samkat posted at 5:24 pm on Sun, Feb 10, 2013.
Ded: You must be in the minority. My wife and I both regularly receive unwanted spam text messages as well as telephone calls from sleaze ball marketers. I immediately report them to the National Do Not Call Registry not that it stops them. My home phone is even worse. The funny thing is that we do not sign up for anything that would get us on the most wanted list for spammers. I suspect that our names and telephone numbers are peddled commercially form legitimate organizations looking to turn a quick dollar.
Now, if our idiot legislators would just stop people from texting while driving, I would be most grateful.