CHAPTER 119
AN ACT concerning the sending of unsolicited advertising by text messaging and the blocking
of text messaging and supplementing Title 2A of the New Jersey Statutes.
BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:
C.2A:65D-1 Definitions relative to certain unsolicited advertising via text messaging.
1. As used in this act:
"Communication device capable of receiving text messaging" means a cellular telephone,
a device for paging or message services, a personal digital assistant, or any other wireless
telecommunication device or technology for short messaging services which receives text
messages.
"Text messaging" means the wireless transmission of text, images or a combination of text
and images by means of a cellular telephone, a paging or message service, a personal digital
assistant or any other electronic communications device.
"Unsolicited advertisement" means any message sent without the prior permission of the
recipient to encourage the purchase or rental of, or investment in, merchandise as that term is
defined in subsection (c) of section 1 of P.L.1960, c.39 (C.56:8-1).
C.2A:65D-2 Sending of unsolicited advertising via text message incurring
telecommunications charge prohibited.
2. No person shall send or cause to be sent to a resident of this State an unsolicited
advertisement by means of text messaging to a communication device capable of receiving
text messaging if the recipient of the message may incur a telecommunications charge or a
usage allocation deduction as a result of the message being sent.
C.2A:65D-3 Permission required for sending unsolicited advertisement via text messaging.
3. No person may send an unsolicited advertisement by means of text messaging without
first receiving permission from the intended recipient. Permission may be granted only with
prior express authorization from the intended recipient that includes the number to which the
text message advertisement may be sent. The permission may be revoked at any time with a
request that includes the number for which permission is being revoked.
C.2A:65D-4 Option to block certain text message charges.
4. No telecommunications company shall sell, or offer to sell, text messaging services to
customers in this State unless the company offers an option to such customers to block all
incoming and outgoing text messages that result in telecommunications charges or usage
allocation deductions; provided, however, the telecommunications company may continue to
send text messages to customers concerning their existing accounts if the customer will not
incur a telecommunications charge or a usage allocation deduction as a result of the message
being sent.
C.2A:65D-5 Violations, penalties.
5. a. A person who violates this act shall be subject to a civil penalty in an amount not to
exceed $500 for the first violation and $1,000 for each subsequent violation, collectible by
the Attorney General in a summary proceeding pursuant to the “Penalty Enforcement Law of
1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).
