On 1 June 2023, the Italian regulator for communications (‘AGCOM’) adopted an intervention plan (the ‘Plan’) to block apps such as ‘Cash4SMS’ (the ‘Apps’) that allow users to transfer unused SMS messages to the Apps against remuneration. This leads to criticalities, inter alia, due to the violation of the contract between the users and their telephone operators and b) the fact that the Apps send the SMS messages with the phone numbers of the users who sold them, thus provoking, as a consequence, the responsibility of the users for the content of the SMS messages sent.
