I 
111TH CONGRESS 
1ST SESSION H. R. 1391 
To direct the Federal Trade Commission to revise the Telemarketing Sales 
Rule to explicitly prohibit the sending of a text message containing 
an unsolicited advertisement to a cellular telephone number listed on 
the national do-not-call registry. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 9, 2009 
Mr. GINGREY of Georgia introduced the following bill; which was referred to 
the Committee on Energy and Commerce 
A BILL 
To direct the Federal Trade Commission to revise the Tele-
marketing Sales Rule to explicitly prohibit the sending 
of a text message containing an unsolicited advertisement 
to a cellular telephone number listed on the national 
do-not-call registry. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Stop M-Spam Abuse 
as a Sales Industry Habit Act of 2009’’ or as the 
‘‘SMASH Act of 2009’’. 
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SEC. 2. TEXT MESSAGES CONTAINING UNSOLICITED AD-
VERTISEMENTS SENT TO CELLULAR TELE-
PHONES EXPLICITLY PROHIBITED. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the Federal Trade Com-
mission shall issue regulations to revise the Telemarketing 
Sales Rule to explicitly prohibit, as an abusive tele-
marketing act or practice, the sending of any electronic 
commercial message containing an unsolicited advertise-
ment to a telephone number that is— 
(1) assigned to a commercial mobile service; 
and 
(2) listed on the ‘‘do-not-call’’ registry estab-
lished by the Federal Trade Commission pursuant to 
the 
Telemarketing 
Sales 
Rule 
(16 
C.F.R. 
310.4(b)(1)(iii)). 
(b) DEFINITIONS.—For purposes of this section: 
(1) ELECTRONIC COMMERCIAL MESSAGE.—The 
term ‘‘electronic commercial message’’ means any 
type of message, other than a mobile service com-
mercial message (as defined in section 14(d) of the 
CAN–SPAM Act of 2003 (15 U.S.C. 7712(d))), sent 
to a cellular telephone, including a text message, 
multimedia message, or any successor type of mes-
sage. 
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(2) CELLULAR
TELEPHONE.—The term ‘‘cel-
lular telephone’’ means any type of wireless device 
used to access commercial mobile services. 
(3) COMMERCIAL MOBILE SERVICE.—The term 
‘‘commercial mobile service’’ has the meaning given 
in section 332(d) of the Communications Act of 
1934 (47 U.S.C. 332(d)). 
(4) UNSOLICITED ADVERTISEMENT.—The term 
‘‘unsolicited adverstisement’’ has the meaning given 
in section 227(a)(5) of the Communications Act of 
1934 (47 U.S.C. 227(a)(5)). 
SEC. 3. EFFECT ON OTHER LAWS. 
Nothing in this Act shall be interpreted to preclude 
or override the applicability of section 227 of the Commu-
nications Act of 1934 (47 U.S.C. 227), section 14 of the 
CAN–SPAM Act of 2003 (15 U.S.C. 7712), or the rules 
prescribed under section 3 of the Telemarketing and Con-
sumer Fraud and Abuse Prevention Act (15 U.S.C. 6102). 
Æ 
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