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Sen. Ira I. Silverstein
Filed: 3/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 1615
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1615 by replacing |
| 3 | | everything after the enacting clause with the following:
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| 4 | | "Section 1. Short title. This Act may be cited as the |
| 5 | | Unsolicited Text Message Act.
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| 6 | | Section 5. Definitions. As used in this Act:
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| 7 | | "Communication device capable of receiving text messaging" |
| 8 | | means a cellular telephone, a device for paging or message |
| 9 | | services, a personal digital assistant, or any other wireless |
| 10 | | telecommunication device or technology for short messaging |
| 11 | | services which receives text messages.
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| 12 | | "Text messaging" means the wireless transmission of short |
| 13 | | messages of text by means of a cellular telephone, a paging or |
| 14 | | message service, a personal digital assistant, or similar |
| 15 | | telecommunications technology.
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| 16 | | "Unsolicited advertisement" means any message sent without |
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| 1 | | the prior permission of the recipient to encourage the purchase |
| 2 | | or rental of, or investment in, merchandise or services.
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| 3 | | Section 10. Unsolicited text message advertisements |
| 4 | | prohibited. No person shall send or cause to be sent to a |
| 5 | | resident of this State an unsolicited advertisement by means of |
| 6 | | text messaging to a communication device capable of receiving |
| 7 | | text messaging. A telecommunications company may continue to |
| 8 | | send text messages to customers concerning their existing |
| 9 | | accounts if the customer will not incur a telecommunications |
| 10 | | charge or a usage allocation deduction as a result of the |
| 11 | | message being sent.
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| 12 | | Section 15. Requirement for prior permission. Prior |
| 13 | | permission of the recipient to send an advertisement by means |
| 14 | | of text messaging may be granted only with prior express |
| 15 | | permission that includes the number to which the text message |
| 16 | | advertisement may be sent. The permission may be revoked at any |
| 17 | | time with a request that includes the number for which |
| 18 | | permission is being revoked.
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| 19 | | Section 20. Civil liability. A person who receives an |
| 20 | | advertisement in violation of this Act may file a civil action |
| 21 | | in the court of proper jurisdiction to recover actual damages |
| 22 | | or $500.00, whichever is greater, plus reasonable attorney fees |
| 23 | | and costs. Nothing in this Section shall be construed to limit |
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| 1 | | the remedies available under any other federal or State law.
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| 2 | | Section 25. Violation. A violation of this Act constitutes |
| 3 | | an unlawful practice under the Consumer Fraud and Deceptive |
| 4 | | Business Practices Act, except that a person may not be held |
| 5 | | liable for a violation of Section 10 of this Act if any |
| 6 | | unsolicited advertisement sent by text messaging was an |
| 7 | | isolated message sent no more than one time in a 12-month |
| 8 | | period.
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| 9 | | Section 30. Administration of Act. The Attorney General |
| 10 | | shall administer this Act and for that purpose has the powers |
| 11 | | conferred under Section 4 of the Consumer Fraud and Deceptive |
| 12 | | Business Practices Act.".
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