virginia state bar annual meeting corporate counsel section update on do not call & spam

Virginia State Bar Annual Virginia State Bar Annual Meeting Meeting

Corporate Counsel SectionCorporate Counsel Section

Update on Do Not Call & Update on Do Not Call & SpamSpam

Michael GoodmanMichael Goodman

Federal Trade CommissionFederal Trade Commission

www.ftc.govwww.ftc.gov


FTC Basics FTC Basics

The FTC is the nation’s only general The FTC is the nation’s only general jurisdiction consumer protection agencyjurisdiction consumer protection agency

FTC Act: Section 5 prohibits unfair or FTC Act: Section 5 prohibits unfair or deceptive business practicesdeceptive business practices

Unlike many federal agencies, we have Unlike many federal agencies, we have authority to file our own cases in authority to file our own cases in federal district courtfederal district court


Telemarketing Sales RuleTelemarketing Sales Rule

2003 amendments2003 amendments

Creation of National Do Not Call RegistryCreation of National Do Not Call Registry

Caller ID transmissionCaller ID transmission

Abandoned calls/ Predictive dialersAbandoned calls/ Predictive dialers

New coverage of calls on behalf of New coverage of calls on behalf of

charitiescharities


National Do Not Call National Do Not Call Registry - IRegistry - I

The BasicsThe Basics CreationCreation

LitigationLitigation

ComplianceCompliance

JurisdictionJurisdiction

EnforcementEnforcement


National Do Not Call Registry - National Do Not Call Registry - IIII

Registry DetailsRegistry Details FeesFees

Safe Harbor updateSafe Harbor update

Data SharingData Sharing

Established Business Relationships & Established Business Relationships &

other exceptionsother exceptions


CAN-SPAM Act of 2003CAN-SPAM Act of 2003(“(“CControlling the ontrolling the AAssault of ssault of NNon-on-SSolicited olicited

PPornography ornography aand nd MMarketing arketing ActAct”)”)

Effective date: January 1, 2004Effective date: January 1, 2004

Creates civil and criminal violationsCreates civil and criminal violations

Enforced by federal and state law Enforced by federal and state law enforcement and ISPsenforcement and ISPs

Directs FTC to write rules and reportsDirects FTC to write rules and reports


CAN-SPAM Act: New Civil CAN-SPAM Act: New Civil ViolationsViolations

False or misleading header informationFalse or misleading header information Deceptive subject linesDeceptive subject lines Failure to provide an opt-out method and Failure to provide an opt-out method and

honor opt-out requestshonor opt-out requests Failure to include:Failure to include:

Identification that the message is an Identification that the message is an advertisement advertisement

Sender’s valid physical postal addressSender’s valid physical postal address For “sexually oriented” messages:For “sexually oriented” messages:

Failure to include warning label (established by Failure to include warning label (established by FTC)FTC)

Failure to require additional steps to view Failure to require additional steps to view material after opening messagematerial after opening message


CAN-SPAM Act: New RulesCAN-SPAM Act: New Rules

FTC CAN-SPAM RulemakingFTC CAN-SPAM Rulemaking

““Commerical email message”Commerical email message”

““Transactional or relationship Transactional or relationship message”message”

Aggravated violationsAggravated violations

10-business-day opt out10-business-day opt out

General rulemaking authorityGeneral rulemaking authority


CAN-SPAM Act: New CAN-SPAM Act: New ReportsReports

ReportsReports

Do-Not-Email Registry: Authorized, but Do-Not-Email Registry: Authorized, but

not requirednot required

Reward system to promote enforcement Reward system to promote enforcement

Labeling of all commercial emailLabeling of all commercial email

Effectiveness report to CongressEffectiveness report to Congress

virginia state bar annual meeting corporate counsel section update on do not call & spam

Documents