Bill seeks to stop unsolicited text messages

It would be illegal for companies to send unsolicited advertisements via text messages to New Jersey residents under a bill scheduled to be considered by the Senate Commerce Committee on Monday.

"In plain English it just doesn't allow unsolicited texting. Unsolicited texting is just like unsolicited phone calls," said State Sen. Jeff Van Drew (D-Cape May Court House), a prime sponsor of the measure. "The bill tells companies that unless you have explicit permission or a desire from the recipient - you're not allowed to text."

The bill also requires cell phone companies that sell or offer to sell text messaging services to also offer an option allowing customers to block all incoming and outgoing text messages.

If the legislation becomes law, companies could face fines as high as $20,000 for sending unsolicited text messages.  If a company sends unsolicited text messages to a senior citizen or a person with a disability, $30,000 in additional fines could be imposed.

"With some of the (cell phone) plans that some people have, they end up paying because it's another text that they've received and in some plans you pay for that. There's nothing more aggravating than receiving an unsolicited text to sell you something that you don't want, and on top of that the ultimate irony and irritation is you may even have to pay for that unsolicited text," Van Drew said.

The bill was first introduced in 2004. Van Drew has been working on it for five years. The fact that it is not already law has more to do with lethargy than opposition, according to Van Drew.