|Received:||4/14/2004 4:12:50 PM|
|Agency:||Federal Trade Commission|
Re: CAN-SPAM Act Rulemaking, Project No. R411008 To the Commissioners, Your efforts to stop Spam are commendable, however, I am extremely upset about the proposed requirement for merchants to maintain suppression lists. Since you are not operating within the industry as an entrepreneur, there's no way you could possibly know the costs and problems that will occur if this requirement becomes law. That is why I hope you will carefully consider the business professionals that will be contacting you about this because the damage will wreak havoc in the economy and cause untold suffering to hard working people who have spent years building their businesses at considerable cost. To require the use of suppression lists will guarantee that the baby will be thrown out with the bathwater. Legitimate publishers have spent years building their reputations and have clients that appreciate and depend on them for quality information and advice. They create and maintain committed relationships with their customers and strive to provide the highest quality products and services. My specific concern is for harm to publishers who require permission from the consumer prior to adding them to any list. They're not who CAN-SPAM was designed to put out of business, but this requirement will very likely have that effect. Because of the problem of properly knowing their intent when they unsubscribe from a list, there's also the potential for significant harm to consumers. Adding insult to injury, these suppression lists could easily fall into the hands of spammers! (Since Can-Spam has become law, I have seen an increase in spam while, at the same time, I've had to go through some hoops to resurrect subscriptions to newsletters that I really want!) I am very upset and deeply concerned and I beg you to reconsider implementing this destructing requirement. I dread to see what will happen if you continue on this path. Respectfully, Linda Starr Chatsworth, CA USA The primary purpose of an email message should be viewed as commercial if: the relationship of the recipient to the sender would be that of customer or client (either actual or potential). Should these marketing campaigns have to comply with the Act, and if so, who should be considered a person who “initiates” the message when one person forwards the message to another person? The Initiator is the original sender and should have to comply. The person who Forwards the message should not unless he is acting as an Agent for the Initiator.