Thumbplay is the latest company to get sued over mobile content billing, with claims the company is guilty of “either passive indifference or active cooperation in a scheme to defraud”. The lawsuit alleges that “the rapidity with which the mobile content industry has grown has led to “a disastrous flaw”: Billing and collection systems put in place by companies like Thumbplay have no “checks or safeguards” to protect against unauthorized charges showing up on customers’ bills” reports Medill Reports. It was filed by a Chicago resident with the law firm KamberEdelson, which has apparently settled with Facebook and AT&T, and has another 11 cases of this kind pending. “Cell phones are morphing into credit cards, but the same security procedures don’t apply to phone numbers, which are public information,” said lawyer Myles McGuire. The exact size of the suit will depend on who joins it…

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Thumbplay Responds: Thumbplay has responded to the lawsuit… “The lawsuit is utterly meritless. We have retained experienced, nationally-recognized counsel and intend to vigorously oppose these claims. As a leading member of the Mobile Marketing Association, Thumbplay strictly adheres to the Mobile Marketing Association’s Consumer Best Practices Guidelines (PDF), and we have been active in developing and leading best practices for mobile advertising. “Thumbplay has been recognized as a model of best practices in the mobile commerce marketplace (m-commerce). In fact, on May 6, 2008, Florida’s Assistant Attorney General, William Haselden, praised Thumbplay at the Federal Trade Commission’s two-day Town Hall meeting titled Beyond Voice: Mapping the Mobile Marketplace, which explored the m-commerce marketplace and its implications for consumer protection policy. He specifically cited Thumbplay’s ads for being compliant ‘in every way’.”