Detailed Summary

Do-Not-Text Act of 2008 - Amends the CAN-SPAM Act of 2003 to exclude from the definition of "mobile service commercial message" a commercial e-mail if the message's primary purpose is to: (1) facilitate, complete, or confirm a transaction between the message recipient and the sender; (2) provide warranty, recall, safety, or security information regarding the recipient's product or service; (3) provide notice of a change in terms or conditions, a change in the status of the recipient, or account statements regarding a subscription, membership, account, loan, or comparable ongoing commercial relationship; (4) provide information regarding an employment relationship or benefit plan in which the recipient is involved; or (5) deliver goods or services, including updates or upgrades, that the recipient is entitled to receive.

Declares that provisions relating to the application of the Act to wireless do not prohibit: (1) phone-to-phone short messages; and (2) the sending of mobile service commercial messages by a mobile service provider to its subscribers at no cost to its subscribers unless a subscriber has expressed a desire not to receive such messages.

Amends the Communications Act of 1934 to require express prior authorization to send a mobile service commercial message to any person in the United States.

Status of the Legislation

Latest Major Action: 6/16/2008: Referred to Senate committee. Status: Read twice and referred to the Committee on Commerce, Science, and Transportation.

Points in Favor

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Points Against

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