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.”