In addition, the opinion noted that the cell phone companies would not segregate the funds in a separate account, which is required by the FEC, and would not forward the contributions to political committees within mandated time limits. The FEC requires that contributions under $50 be forwarded within 30 days, and within 10 days if the contribution is over $50. The CTIA proposal would not forward the contribution until the cell phone user paid his bill.
"The [FEC] is stuck in a rotary-dial set of rules," said Scott Thomas, reacting to the opinion, "applying them to the iPhone real world."
But he also he was optimistic that the wireless industry could introduce enough 'certifications, warnings and transactions limits" to satisfy the FEC. "I do think the wireless industry can find a way to reformat their proposal, develop needed protections, and ultimately get approval for texted donations."