; or (ii) encouraging the purchase, sale, or rental of, or investment in, property, goods, or services, including referral or hiring services. (B) Limitation With respect to subparagraph (A)(ii), the term telephone solicitation does not include a call or message— (i) to any person with that person’s prior express invitation or permission; (ii) to any person with whom the caller has an established business relationship; or (iii) by a tax exempt nonprofit organization. . 110. Commission defined In this title, the term Commission means the Federal Communications Commission. II Federal Trade Commission 201. Addition of text message to the definition of telemarketing Section 7 of the Telemarketing and Consumer Fraud and Abuse Prevention Act ( 15 U.S.C. 6106 ) is amended— (1) in paragraph (4), by inserting or text message after telephone call ; and (2) by adding at the end the following new paragraph: (5) Text message (A) In general The term text message means a message consisting of text, images, sounds, or other information that is transmitted to or from a device that is identified as the receiving or transmitting device by means of a 10-digit telephone number, N11 service code, short code telephone number, or email address, or that is transmitted through application-to-person messaging, and includes— (i) a short message service (commonly referred to as SMS ) message; (ii) a multimedia message service (commonly referred to as MMS ) message