On February 23, 2011, the FTC announced an enforcement action under section 5, alleging the delivery of unsolicited text messages caused substantial injury to consumers, which they could not reasonably avoid, and without countervailing benefits to consumers or competition. The FTC further alleges the sending of unsolicited text messages failed to honor opt-out requests from recipients. The injury is the charge to recipients of receiving the messages. Although the facts in this case are egregious, it is noteworthy in highlighting the FTC’s willingness to bring enforcement actions regarding this type of direct marketing.