FCC	Consumer	Advisory	Committee	
Recommendation	Regarding	Text	Spam	
The	increase	in	text	spam	is	proving	to	be	both	an	annoyance	for	users	of	wireless	devices	
and	a	burden	on	service	providers.	The	Federal	Communications	Commission	(FCC)	is	the	
logical	place	in	many	consumers’	minds	to	file	their	complaints	regarding	text	spam.		
Currently	the	Telephone	Consumer	Protection	Act,	which	prohibits	auto	dialer	generated	
calls	and	texts,	is	the	only	enforceable	regulation	the	FCC	can	use	to	combat	text	spam.	It	is	
difficult	to	prove	an	auto	dialer	was	used	to	send	a	spam	text	message	and	fines	can	only	
be	imposed	beginning	with	the	second	occurrence.	
Several	U.S.	wireless	carriers	and	GSMA	have	worked	with	Cloudmark	to	create	a	database	
of	known	text	spam	messages	and	their	possible	origination	points.	This	database	will	
help	the providers	to	better	filter	out	future	text	spam.	It	may	also	allow	them	to	block	
attempts	from	known	offenders.	The	short	code	7726	or	“SPAM”	has	been	set	up	so	that	
text	spam	recipients	can	forward	those	messages	for	inclusion	in	the	database.	This	effort	
would	be	greatly	enhanced	by	additional	consumer	participation.		
In	addition,	U.S.	wireless	carriers	and	mobile	marketers,	working	together	in	coordination	
with	CTIA	– The	Wireless	Association®	and	the	Mobile	Marketing	Association,	have	
developed	guidelines,	monitoring,	and	enforcement	mechanisms	to	combat	SMS	spam	
associated	with	short	codes	and	have	recently	adopted	best	practices	to	combat	SMS	spam	
from	10	digit	numbers.
The	Consumer	Advisory	Committee	encourages	the	Commission	to:
? Coordinate	with	other	agencies	that	may	have	enforcement	capabilities.	The	
Federal	Trade	Commission	has	the	ability	to	take	action	when	text	spam	violates	
the	Do	Not	Call	list	or	when	the	advertising	is	false	or	misleading.			
? Educate	consumers	about	the	Cloudmark–Wireless	Carrier	database.	This	could	
include	telling	consumers	that	file	a	text	spam	complaint	with	the	FCC	how	to	
forward	the	spam	message	to	the	database.
? Educate	consumers	about	industry	efforts	to	combat	text	spamming,	including	the	
industry-approved	opt-in	standard	for	text	based	programs	using	10-digit	numbers.	
? Work	with	consumer	groups	and	the	wireless	carriers	to	promote	the	database	
project	and	other	safe	texting	practices,	such	as	not	providing	personal	information	
or	clicking	on	links	in	text	spam	messages.
Adopted:	September	21,	2012
Abstentions:	NCTA,	Time	Warner	Cable
Respectfully	Submitted
Debra	R.	Berlyn,	Chairperson
FCC	Consumer	Advisory	Committee