According to this page, Since 11 December 2003 it is unlawful to send an unsolicited SMS marketing message to an individual.
I’m an individual. I got a spam text from Club Mobile offering a phone upgrade. How did they get my number? “Similar to one we’d sold a phone to,” said the woman at customer service.
In other words, generated randomly by a computer.
“This is illegal,” I said to her, quoting the TPS site.
“No, if we have an opt-out, it isn’t,” she said. “Our lawyers have gone over it.”
I do believe I’ll call the TPS in the morning. This is just too annoying. Spamming *and* claiming it’s legal? Sanford Wallace should be alive now. Oh dammit, he is.
Update Weds 15:37: Called the TPS. Indeed, my mobile phone number is one there – registered July 7 2003. Asked them if it’s legal to text someone if you have an opt-out. No, they said: text spamming is illegal. . And can the TPS (an arm, it turns out of the Direct Marketing Association) take any action? Ah, no. That would be the Information Commissioner’s job. Righty-ho, off to the website.
Update Thurs 11 Nov: subsequently, have discovered that Club Mobile were absolutely right – even though I received text spam which came from them. They did take note of the TPS database. More explanation here.