Virginia state bar annual meeting corporate counsel section update on do not call spam
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Virginia State Bar Annual Meeting Corporate Counsel Section Update on Do Not Call & Spam. Michael Goodman Federal Trade Commission www.ftc.gov. FTC Basics. The FTC is the nation’s only general jurisdiction consumer protection agency

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

Virginia State Bar Annual Meeting Corporate Counsel SectionUpdate on Do Not Call & Spam

Michael Goodman

Federal Trade Commission

www.ftc.gov


Ftc basics
FTC Basics

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

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

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


Telemarketing sales rule
Telemarketing Sales Rule

  • 2003 amendments

    • Creation of National Do Not Call Registry

    • Caller ID transmission

    • Abandoned calls/ Predictive dialers

    • New coverage of calls on behalf of charities


National do not call registry i
National Do Not Call Registry - I

  • The Basics

    • Creation

    • Litigation

    • Compliance

    • Jurisdiction

    • Enforcement


National do not call registry ii
National Do Not Call Registry - II

  • Registry Details

    • Fees

    • Safe Harbor update

    • Data Sharing

    • Established Business Relationships & other exceptions


Can spam act of 2003 c ontrolling the a ssault of n on s olicited p ornography a nd m arketing act
CAN-SPAM Act of 2003(“Controlling the Assault of Non-Solicited Pornography and Marketing Act”)

  • Effective date: January 1, 2004

  • Creates civil and criminal violations

  • Enforced by federal and state law enforcement and ISPs

  • Directs FTC to write rules and reports


Can spam act new civil violations
CAN-SPAM Act: New Civil Violations

  • False or misleading header information

  • Deceptive subject lines

  • Failure to provide an opt-out method and honor opt-out requests

  • Failure to include:

    • Identification that the message is an advertisement

    • Sender’s valid physical postal address

  • For “sexually oriented” messages:

    • Failure to include warning label (established by FTC)

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


Can spam act new rules
CAN-SPAM Act: New Rules

  • FTC CAN-SPAM Rulemaking

    • “Commerical email message”

    • “Transactional or relationship message”

    • Aggravated violations

    • 10-business-day opt out

    • General rulemaking authority


Can spam act new reports
CAN-SPAM Act: New Reports

  • Reports

    • Do-Not-Email Registry: Authorized, but not required

    • Reward system to promote enforcement

    • Labeling of all commercial email

    • Effectiveness report to Congress