US Code

Public Law 119-83 (04/13/2026)

15 U.S.C. § 7712

Application to wireless

(a)

Effect on other law

section 227 of title 47section 6102 of this titleNothing in this chapter shall be interpreted to preclude or override the applicability of or the rules prescribed under .

(b)

FCC rulemaking

The Federal Communications Commission, in consultation with the Federal Trade Commission, shall promulgate rules within 270 days to protect consumers from unwanted mobile service commercial messages. The Federal Communications Commission, in promulgating the rules, shall, to the extent consistent with subsection (c)—
(1)
provide subscribers to commercial mobile services the ability to avoid receiving mobile service commercial messages unless the subscriber has provided express prior authorization to the sender, except as provided in paragraph (3);
(2)
allow recipients of mobile service commercial messages to indicate electronically a desire not to receive future mobile service commercial messages from the sender;
(3)
take into consideration, in determining whether to subject providers of commercial mobile services to paragraph (1), the relationship that exists between providers of such services and their subscribers, but if the Commission determines that such providers should not be subject to paragraph (1), the rules shall require such providers, in addition to complying with the other provisions of this chapter, to allow subscribers to indicate a desire not to receive future mobile service commercial messages from the provider—
(A)
at the time of subscribing to such service; and
(B)
in any billing mechanism; and
(4)
determine how a sender of mobile service commercial messages may comply with the provisions of this chapter, considering the unique technical aspects, including the functional and character limitations, of devices that receive such messages.
(c)

Other factors considered

The Federal Communications Commission shall consider the ability of a sender of a commercial electronic mail message to reasonably determine that the message is a mobile service commercial message.

(d)

Mobile service commercial message defined

section 332(d) of title 47In this section, the term “mobile service commercial message” means a commercial electronic mail message that is transmitted directly to a wireless device that is utilized by a subscriber of commercial mobile service (as such term is defined in ) in connection with such service.

Pub. L. 108–187, § 14117 Stat. 2718 (, , .)

Editorial Notes

References in Text

Pub. L. 108–187117 Stat. 2699 section 7701 of this titleThis chapter, referred to in subsecs. (a) and (b)(3), (4), was in the original “this Act”, meaning , , , which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under and Tables.

Statutory Notes and Related Subsidiaries

Effective Date

section 16 of Pub. L. 108–187section 7701 of this titleSection effective , see , set out as a note under .