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Proposed Legislation Would Ban Unsolicited Text Messages

Proposed Legislation Would Ban Unsolicited Text MessagesCellular phones continue to play an increasing role in our daily lives, allowing us to stay "connected" 24/7.  That "connectivity", however, blurs and erodes the traditional notions of privacy in an individual's daily life.  Now, your boss, email, customers, and friends are never more than a button's push away.

Cellular phone technology has also "opened the door" for unsolicited spammers to invade a person's privacy via unsolicited advertisement text messaging. In response to this issue, the Michigan Legislature has introduced proposed legislation that would amend Michigan's Unsolicited Commercial E-Mail Protection Act of 2003 (the "Act").  Specifically, Senate Bill 565 would amend the Act to require senders of unsolicited business text messages to establish opt-out functions, such as a toll-free number.

As proposed Senate Bill 565 imposes civil penalties on persons that violate the Act by sending unsolicited business text messages, including fines of up to $500 per unsolicited text message.

Senate Bill 565 is currently before the Committee on Energy and Technology.  It is expected that the Legislature will vote on Senate Bill 565 during the current legislative session. Stay tuned for further updates and please let me know if you have any questions.

Categories: E-Commerce, Privacy

Photo of Nicholas M. Oertel

focuses his practice in the areas of Michigan non-property tax disputes, business entity selection, corporate transactions, and information technology.

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