Updates to our Terms of Use

We are updating our Terms of Use. Please carefully review the updated Terms before proceeding to our website.

Friday, March 29, 2024 | Back issues
Courthouse News Service Courthouse News Service

Mobile Advertisers Get A Bad Reception Over Spam

OAKLAND, Calif. (CN) - A federal judge threw out the constitutional challenge of two alleged cell phone spammers, rejecting their argument that the Telephone Consumer Protection Act "is so vague as to be constitutionally void" and finding that a text message does indeed count as a phone solicitation.

Lead plaintiff Christopher Kramer claimed purported "mobile advertisers" B2Mobile and LeadClick Media sent him massive amounts of spam text messages in 2009, and did not stop even after he opted out.

"Defendants disregard ample guidance available to ensure compliance with the TCPA," U.S. District Judge Claudia Wilken wrote, referring to the Telephone Consumer Protection Act, which she added is not unconstitutionally vague. "In 2009, early in the time period during which Kramer allegedly received the unsolicited text messages, the 9th Circuit held unambiguously that a text message is a 'call' for the purposes of the TCPA."

Accordingly, Wilken denied the advertisers' motion to dismiss, calling their defense "without merit."

Follow @MariaDinzeo
Categories / Uncategorized

Subscribe to Closing Arguments

Sign up for new weekly newsletter Closing Arguments to get the latest about ongoing trials, major litigation and hot cases and rulings in courthouses around the U.S. and the world.

Loading...