With Nokia about to launch one of the first Bluetooth marketing campaigns, New Media Age reports that lawyers, trade bodies and agencies have expressed concerns over the status of Bluetooth marketing suggesting such communications were in danger of flouting the Privacy and Electronic Communications Regulations and of being seen as spam by consumers.

Bluetooth phones have three states: off, open to communicate with devices they’ve been paired with, and fully discoverable. Marketers have been taking the third option to mean consumers are open to marketing, despite the fact they may merely wish to communicate with friends or don’t understand Bluetooth fully.

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