FTC Files Complaint Against SMS Spammer

The Federal Trade Commission filed a complaint against a man from Huntington Beach, California, alleging that he is responsible for sending millions of SMS spam messages.

According to the complaint, during a 40-day period alone, defendant Phillip A. Flora sent over 5.5 million unsolicited commercial text messages at a rate of 85 per minute.

The FTC claims the messages deceptively advertised loan modification assistance, debt relief and other services.

In one instance, recipients were directed to loanmod-gov.net, a site claiming to provide "Official Home Loan Modification and Audit Assistance Information."

This type of activity can cost people money because some wireless carriers charge fees for receiving text messages.

In addition, Flora is accused of selling the contact information of consumers to marketers claiming they are debt settlement leads.

The alleged spammer is also said to have sent unsolicited email messages that promoted his SMS spamming services.

The FTC charges Flora with violations under the FTC Act and the CAN-SPAM Act, the law that governs the sending of commercial emails. He also failed to include an "opt-out" option.

"The consumer injury caused by Defendant Flora cannot be reasonably avoided by consumers. Defendant Flora's text message spam is routinely foisted upon consumers without their advance knowledge or permission.

"Many consumers who have requested that Flora stop sending them text message spam continued to receive text message spam after making the request," the FTC wrote in its complaint. [pdf]

SMS spam is a growing concern all over the world, not just in the United States. In an attempt to cut down on its effects, beginning with February 1, mobile operators in India began restricting the number of daily text messages that customers can send, without obtaining a special number, to 100.

The GSMA, an international association of mobile operators, recently concluded testing a new system designed to identify and block SMS spam and plans to encourage its 1,000 members to adopt it.