An Arizona appellate ruled the Telephone Consumer Protection Act of 1991 covers the delivery of unsolicited text message advertisements to cell phones. The court's decision was unanimous.
The Court of Appeals' ruling was in line with a lower court's previous ruling against Acacia Mortgage Corporation. Wireless customer Rodney Joffe first filed the case in 2001.
The mortgage company's argument that the 1991 law only specifies placing an actual call did not hold up with the panel of judges.
Acacia Mortgage is no stranger to legal tussles with the wireless sector. A few years ago, Verizon Wireless sued the company for allegedly sending by the thousands of unsolicited text messages to its customers in Arizona and Colorado in 2001. Acacia eventually settled, agreeing to stop the messages.