Comments:

Hello and thanks for asking for comments on this act. My small business helps small wineries stay in touch with customers who have asked to receive updates on new wines, events, and general updates from the vineyards. I applaud anything you can do to reduce the flood of unwanted email, but I am concerned about some of the burdens this act may be placing on small businesses who are only 'playing by the rules' and sending email to people who have visited a winery & asked to receive email updates. Here are my questions/concerns: 1) On what constitues a commercial vs. relationship email, I am completely unclear on how a subscription-only newsletter that highlights new products & events would be classified. People visit our clients' wineries and a good number sign-up to receive email updates as part of the hospitality package. If these same folks register on a 'do not spam' list am I not supposed to send them the updates they requested? It seems to me that someone who requested email updates would be receiving them as part of a 'relationship' until they opted out. 2) The 'forward to a friend' stuff is well intentioned, but seems crazy. If I mention that invitations to an event may also be extended to friends and family, and then the email is forwarded can I actually be liable for breaking a law? Should I tell people under no circumstances should they forward my emails to anyone because of my possible liability?? 3) The part about individual companies (wineries) being liable if someone else mentions them in an email seems way off the mark. If a consumer opts out of an email newsletter from Gallo, but wants to receive email specials from Walmart, Gallo would be liable if Walmart mentions a Gallo wine? That's not right. Gallo should only be liable if they keep sending emails, not if someone else mentions them. Heck, I guess if I didn't like Gallo I could just start spamming in their name knowing they'd get in trouble. Doesn't make sense. Each mailer should be liable for the mail they authorize or send directly...not what other people send to different lists. 4) On the 10-day period, I agree someone shouldn't receive emails when they've asked to be taken off a list. And 10 days seems like a reasonable time. But as a matter of practice, it seems you really only need to take the name off a list before it's mailed again. Thus if someone asks to be removed from a list & I do it 20 days later, it shouldn't be illegal as long as I haven't sent another email. Would you really require that all unsub requests actually be processed in this amount of time? What if I'm on vacation & don't intend to send another email for 60 days. Should all my vacations be less than 10 days? Isn't it good enough to say someone can't receive an email they don't want beginning 10 days after their request?? 5) Some of my winery clients are way out in the country where they use P.O. Boxes instead of street addresses. Just a data point for you... 6) On subject lines, when someone subscribes to a newsletter, will I be prohibited from using creative subject lines like "Celebrate Zindependence Day"? It's not descriptive or misleading...just clever. Will there be a law against clever? Like I said, I'm a fan of legislation to rid my in-box of unwanted email messages. And I know you're working with the Act as written. But to be honest it seems like you're going through a lot of contortions without addressing the real issue. If the U.S. Govt could just require that we only send email to folks who have specifically asked to receive it (and promptly unsubscribe people who change their mind), the law would be less complicated, easier to follow & more useful to consumers. Of course that's just my opinion as someone who's sent and rec'd millions of commercial emails over the last 8 years. I wish you wisdom & the best of luck in doing the job you have to do. Bryan St. Amant VinterActive LLC *REDACTED PERSONAL INFORMATION*