by Jeff Sovern
Here. This is a problem where the law did what it could before the issue became common; spam text is outlawed both under regulations adopted under the federal CAN-SPAM Act (as long as the cell phone has a unique electronic address, which I gather they all do) and the federal TCPA (if the texts are sent via autodialer, which they likely are as it would be too time-consuming to send text spam from phones manually by entering in the number and text). Yet the federal laws have not prevented bad actors from sending spam texts. This seems like an area, like conventional email spam, where a technical solution is going to be more effective than one crafted by law-makers. Smishing, by the way, is the text equivalent of phishing emails.