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Great question, I can only give a qualified answer regarding text messages, as that's where my expertise lies. In 2018 the FCC moved away from regulating sms/m
by MSVi 4y ago
Great question, I can only give a qualified answer regarding text messages, as that's where my expertise lies.
In 2018 the FCC moved away from regulating sms/mms messages as they classified them as "information services" vs. "telecommunications services", meaning that the carriers have been left to create their own rules and enforce them. Without the FCC legal backing, it's much more difficult to stop illegitimate businesses from scaling out their practices.
Meanwhile legitimate businesses in this space have fallen back to the guidelines from the TCPA[1] when answering questions such as:
"When should we send messages?"
"What content is allowed?"
"How should we handle users opting-out of our messages?"
meaning that each business handles them differently, and pushes the envelope however they see fit. Some states have been passing their own mini-TCPAs[2], but these too are limited in their capacity and mostly focus on "telecommunications services".
I'd say that if we want to get serious about stopping spam texts, the best solution would be to talk to your representatives and potentially try to convince the FCC to reclassify text messages as part of "telecommunications services". However, political sends are very large in this space, so I'm sure that large pushback would be expected.
1. https://www.fcc.gov/sites/default/files/tcpa-rules.pdf https://www.fcc.gov/sites/default/files/tcpa-rules.pdf
2. https://www.flsenate.gov/Session/Bill/2021/1120/BillText/er/PDF https://www.flsenate.gov/Session/Bill/2021/1120/BillText/er/...