i scooped slashdot with my prior post today regarding cell phone spamming; however, there is an interesting thread that addresses whether or not simple text messaging spamming is illegal under these restrictions on telephone solicitation (see part iii):
“a.No person may
1.Initiate any telephone call (other than a call made for emergency purposes or made with the prior express consent of the called party) using an automatic telephone dialing system or an artificial or prerecorded voice,
i.To any emergency telephone line, including any 911 line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency;
ii.To the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment; or
iii.To any telephone number assigned to a paging service, cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call; ”
i’m not a lawyer and i don’t play one on tv, but i will bet that a few distinguished members of the bar will take up both sides of the cause and drag this out to the bitter end while the early adopters of the wireless web are paying to get spammed.