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Text Messaging

By David Kiernan and Caroline Mitchell
September 29, 2009

As text messaging grows in popularity, it is an increasingly more attractive way for companies to reach target audiences. Recent industry statistics show that more than 270 million Americans ' over 85% of the population ' subscribe to cellular phone services. An estimated 57% of all mobile subscribers ages 13 and older use text messaging regularly. In fact, according to a Nielson study, “[t]ext messaging has become so popular ' that U.S. mobile subscribers now send and receive more text messages in a month than they make phone calls,” including the “typical U.S. mobile subscriber between the ages of 35 and 44.” But text message advertising has legal pitfalls that companies should avoid, as a recent decision in the Ninth Circuit Court of Appeals, Satterfield v. Simon & Schuster, highlights.

'Text Spamming'

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