Arizona Court Bans Text Message Spam

PHOENIX, Ariz. — Legislation that prevents telemarketers from making unsolicited calls to cell phones or sending junk faxes got a boost this week when an Arizona appeals court ruled the law also applies to unsolicited text messages.

The ruling upheld a previous case brought on by Rodney Joffe against Mesa, Ariz.-based Acacia Mortgage in 2001. Joffe had previously sued the company after he received two unsolicited text messages from Acacia detailing mortgage offers from the company. As the case progressed it was discovered that Acacia had sent similar messages to an estimated 90,000 AT&T Wireless users.

Acacia had argued that it hadn’t violated the Telephone Consumer Protection Act of 1991 (TCPA) because the recipients of the messages had technically received them via email. AT&T customers are able to receive messages on their phone if a sender adds “@att.net” to the end their number. Employees at Acacia had programmed a computer to email its campaign to the 90,000 customers by automatically adding “@att.net” to a large list of telephone numbers.

Judge Patricia K. Norris disagreed with Acacia’s distinction, however, writing in the court’s opinion that the way the TCPA was written took into consideration advances in technology like the one Acacia employed.

"Even though Acacia used an attenuated method to dial a cellphone telephone number, it nevertheless did so," Norris wrote.

Acacia had also argued it had a First Amendment right to send the text messages, which the court also struck down.

"Congress found consumers and businesses were especially frustrated by these calls, viewing them as a nuisance, an invasion of privacy and a threat to interstate commerce," Norris wrote.

Following his success in court, Joffe has said that he may seek a class-action suit on behalf of the other 90,000 cellphone users who were targeted, but no official steps have been taken.

Representatives at Acacia would not discuss the case with XBiz.

Copyright © 2026 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

California Governor Signs Bill Limiting CIPA Claims

Governor Gavin Newsom has signed into law a bill to narrow the scope of the California Invasion of Privacy Act (CIPA), to prevent abusive lawsuits targeting online businesses, including adult websites.

California Enacts Stricter UGC Rules for Adult Sites

Governor Gavin Newsom has signed into law a bill to impose tighter compliance standards for user-generated content (UGC) on adult websites accessible in California.

UK Aims to Begin Enforcing 'Choking' Ban Before Year's End

The U.K. will soon begin enforcement of a new law criminalizing depictions of “non-fatal strangulation” in adult content, according to a Ministry of Justice official.

XBIZ LA Conference Website Now Live, Registration Open

The event website for the XBIZ LA conference is now live, offering comprehensive information about the upcoming event, taking place Jan. 7-10 at the JW Marriott L.A. LIVE.

CrakRevenue Launches Mobile App for Real-Time Affiliate Alerts

CrakRevenue has launched Aff Companion, a mobile app that sends affiliates real-time notifications about clicks, conversions, and revenue.

Goddess Lilith Launches New Official Website Through PAYSITE

Goddess Lilith has rolled out her new official site, QueenGoddessLilith, through PAYSITE.

Pineapple Support to Host 'Reclaiming Intimacy' Support Group

Pineapple Support is hosting a free online support group for performers with trauma-impacted intimacy issues.

Ofcom Cites Web Prime, Porntrex for Alleged AV Violations

U.K. media regulator Ofcom on Tuesday notified two operators of adult websites of the agency’s provisional determination that the companies have failed to comply with provisions of the Online Safety Act.

FSC: Utah Excise Tax on Adult Content Goes Into Effect October 1

The Free Speech Coalition (FSC) has issued an advisory that the Utah Excise Tax goes into effect tomorrow.

Segpay Parent Company Names David Press to Board

Segpay parent company Toccata Inc. has named payment industry veteran David Press to its board of directors.

Show More