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South Dakota Attorney General Warns Of Unsolicited Text Messages

By Dianne See Morrison - Tue 05 Feb 2008 05:32 AM PST

South Dakota’s Attorney General Larry Long has warned mobile phone users in his state to be “leery” of “unsolicited charges” that might appear on their cellphone bills. South Dakota’s Consumer Protection Division has received complaints from consumers across the state saying they’ve been sent unwanted text messages for ring tones, wallpapers, joke-a-day, horoscopes and more. The state attorney’s office warned that the charges appeared on monthly bills described as “download,” with no other explanation, and often recurred each month. They added that carriers could also add an additional charge for receiving the SMS if consumers didn’t have a text messaging bundled in their cellphone plan (release via Cellular News). The warning comes just days after a lawsuit against T-Mobile USA came to light alleging that the carrier wouldn’t allow consumers to refuse unwanted text messages. Could a class action be coming soon from South Dakota?

Posted in: Companies, Operators, T-Mobile, Entertainment, Legal


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3 Responses:
  • From cal morton Tue 05 Feb 2008 07:30 AM

    It doesn’t mention in the article whether the texts are coming from a short code or not...I suspect they are being delivered through an SMTP port. Why the carriers continue to leave these open I have know idea...other to collect fees for sending of course. Close them down and you eliminate almost all of this type of spam and scams. Messages delivered from a legitimate short code (one registered with the Common Short Code Association) and who’s service has been approved by the carries are easily indentified and penalized…problem solved.

  • From Jonathan Tue 05 Feb 2008 02:58 PM

    The issue is not smtp or smpp. The issue is choice and control.

    People have complained at our website that they have received unsolicited messages from a short code. So a short code does not guarantee choice and control.

    I have seen sms alerts that people can opt-in to from the web and they are required to enter on the website a PIN code that is sent to the phone. Some of these alerts are delivered via short code and others are deivered via smtp gateway. Regardless of the method, the user is in control.

    And if they were ringtones and wallpapers, therefore binary content, it is extremely unlikely that they were pushed via smtp. For one, no gives away (even as SPAM) ringtones. And did you read where it said “unsolicited charges might appear on their cellphone bills?” That is definitely from a short code as it is only way to premium bill for such content.

    Please stop fear mongering. If you know of real cases of carriers shutting down opt-in alerts sent via smtp, then present real evidence.

  • From dennis Wed 16 Apr 2008 10:27 AM

    I purchased a cell phone to make calls, I don’t need it to be a typewritter and a message center. If they can’t turn off the unwanted services they should give them for free to keep their customer base. I have a five phone family plan and I am not paying for any unwanted text messages and I will end my contract as soon as possible.

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mocoNews.net is a news site covering the business of mobile content.

Rafat Ali
Publisher & Co-Editor

Staci D. Kramer
Co-Editor

Tricia Duryee
Principal Correspondent

Dianne See Morrison
Contributing Writer

James Quintana Pearce
Contributing Writer

Robert Andrews
U.K. Editor

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