The Direct Marketing Association has said it backs calls made by the Independent Committee for the Supervision of Standards of Telephone Information Services to the Information Commissioner to clarify the legal position before the EU directive on electronic communications is delivered.
The 拢50,000 fine was imposed by ICSTIS on Leeds-based service provider Moby Monkey, for breaches on the code on SMS text messaging. A committee found that messages had been sent on an inappropriate basis, with repeat messages sent to some children.
Both of the industry bodies want clarification on the legal position if service providers can not show that consumers have opted into receiving the promotion in question.
They are also concerned about whether service providers are breaking the law if they do not clean lists against the Telephone Preference Service.
Tessa Kelly, director of compliance operations at the DMA, said: "The TPS currently takes registrations from consumers wishing to register their mobile number with the TPS but because of the legal confusion surrounding SMS, we aren't in a position to guarantee that a consumer won't receive marketing messages via SMS, despite being registered."
She added: "If clear guidance was given then it would certainly help in the process of dealing with consumer complaints."
The EU directive on electronic communications is due to be implemented into UK law in October 2003.
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