FCC Rule Prohibits Sending Commercial Messages to Wireless Phones and Pagers

CUNA
October 26, 2004

(Not a Major Rule)

The Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM Act) includes restrictions for sending unsolicited commercial messages to consumers’ wireless telephones and pagers. The Federal Communications Commission (FCC) has issued a rule implementing these provisions by prohibiting the sending of commercial messages to any e-mail address that references an Internet domain associated with wireless subscriber messaging services. The FCC will create a publicly available wireless domain list to enable senders to determine which domain names are directed at mobile services. The FCC rule will prohibit the sending of commercial messages to addresses containing a domain name that has been on the FCC list for 30 days or that the sender otherwise knows to be a wireless address.

The prohibition outlined in the rule does not include “transactional or relationship” messages, such as account information that a credit union would provide. Other types of commercial messages may also be sent if the recipient has given the sender prior authorization to send such messages. To obtain this authorization, the sender must clearly explain it will be sending such messages, that there may be charges by the wireless service provider in connection with these messages, and that the recipient may revoke the authorization at any time. The sender must stop sending these messages within ten days after receiving such a request from the recipient. The rule will be effective October 18, 2004. If you have any questions or need a copy of the rule, please feel free to contact Associate General Counsel Mary Dunn by e-mail at mdunn@cuna.coop or by telephone at (800) 356-9655, extension 6736, or contact Assistant General Counsel Jeff Bloch by e-mail at jbloch@cuna.coop or by telephone at (800) 356-9655, extension 6732. You may also access the rule on the Internet at the following address:

http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-20901.pdf