← My Government dashboard

Government Watch

Dossier Legislative introduced 02-apr-2009
Bill introduced in Congress — not yet passed by either chamber, and not law.

m-SPAM Act of 2009

Key claim: A 2009 Senate bill would have narrowed which mobile texts count as commercial spam, exempted free carrier and phone-to-phone SMS, and directed the FTC to treat unwanted mobile commercial messages to Do Not Call numbers as abusive telemarketing.

Abstract

(S788 · 111th Congress) m-SPAM Act of 2009 - Amends the CAN-SPAM Act of 2003 to exclude a message from the definition of “mobile service commercial message” (MSCM) if the message’s purpose is to: (1) facilitate or confirm a commercial transaction; (2) provide warranty, recall, safety, or security information about a product or service used by the recipient; (3) provide certain information to message recipients who have an ongoing commercial relationship with the sender; (4) provide information relating to the recipient’s benefit plan or employment; or (5) deliver goods or services to which the recipient is entitled. Amends that Act and the Communications Act of 1934 to exempt from a prohibition on sending unwanted MSCMs: (1) the sending of short messaging service (SMS) messages from one wireless device to another or from a mobile service provider to its subscribers at no charge; and (2) the sending of MSCMs by a mobile service provider to its subscribers at no charge (unless a subscriber has opted out). Requires the Federal Trade Commission (FTC) to revise the do-not-call registry provisions of the Telemarketing Sales Rule to: (1) consider commercial mobile service messaging practices that are costly or a nuisance to consumers; and (2) explicitly prohibit, as an abusive telemarketing act or practice, the sending of any MSCM to a telephone number that is both assigned to a commercial mobile service and listed on the do-not-call registry. Exempts such messages sent by a commercial mobile service provider to its subscribers at no charge. Latest action (2009-04-02): Read twice and referred to the Committee on Commerce, Science, and Transportation.

Why this matters

The m-SPAM Act reflects a recurring policy question about how the CAN-SPAM Act and Do Not Call Registry apply to SMS marketing, and where the line sits between carrier-originated messages, person-to-person texts, and commercial bulk sends. Although unenacted, it foreshadows enforcement themes later handled through TCPA and FCC robotext rules, and clarifies the historical scope of mobile spam regulation.

Source

Link

Briefing card

m-SPAM Act of 2009
Stage: introduced · congress · 02-apr-2009

If you receive unwanted marketing texts, this 2009 bill would have expanded FTC authority to treat them as abusive telemarketing when sent to Do Not Call numbers — but it was never enacted, so current SMS spam protections still come from TCPA and CAN-SPAM as written.

A 2009 Senate bill would have narrowed which mobile texts count as commercial spam, exempted free carrier and phone-to-phone SMS, and directed the FTC to treat unwanted mobile commercial messages to Do Not Call numbers as abusive telemarketing.

Cross-references (0)

None recorded — doctrine links and citations appear here as scans and citation sweeps find them.

External: congress:111-s-788:introduced

Ask about this finding

Replies are grounded in the abstract and metadata above. The model will quote directly when possible and say so if a question isn't covered.

Stages other doctrine resolution introduced proposed rule passed chamber executive action final rule enacted district opinion circuit opinion opinion

build build 600 · dacf81d · 2026-11-09