Senders of unsolicited text messages, even when the texts are free, can be sued. According to a July 20 decision by the U.S. District Court for the Northern District of California in Smith v. Microsoft Corp., text senders can be sued because text messages fall under the Telephone Consumer Protection Act (TCPA) and may violate the "right of privacy." TCPA already bans unsolicited advertising faxes and telemarketing calls to cell phones. The district court ruled plaintiffs could bring claims against Microsoft for unsolicited text messages even if a carrier didn't charge for receiving the message; harm to a plaintiff’s abstract "right of privacy" was sufficient to support legal claims. For more details, see http://www.abmassociation.com/News/2819/Ruling%3A-Senders-of-unsolicited-free-texts-can-be-sued
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