Text messages sent to wireless phones via email (SMTP) are covered by the
Can-Spam act of 2003. This act prohibits sending unwanted commercial email
messages to wireless devices without prior permission. The second link below offers
a really great explanation, including a good description of what constitutes a
commercial message:
http://www.fcc.gov/guides/spam-unwanted-text-messages-and-email
http://business.ftc.gov/documents/bus61-can-spam-act-compliance-guide-business/
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