| Comment Number: | OL-104577 |
| Received: | 4/17/2004 8:02:55 AM |
| Organization: | Dimar, Inc. |
| Commenter: | D Thomas |
| State: | NY |
| Agency: | Federal Trade Commission |
| Rule: | CAN-SPAM ANPR |
| Docket ID: | [3084-AA96] |
| No Attachments |
Comments:
My understanding of the reason for the Can Spam Act is to assist in stopping the bulk and continual mailing of unwanted email. The interpretation of the "suppression list" that is being considered as part of this act will make it almost impossible for legitimate businesses to conduct business. I do not believe that is the purpose of this act, but that is what will happen if this interpretation is used. This interpretation will help no one, including the public at large which this act is supposed to protect. The average "Joe" or "Jane" believes when they "Opt out" of an email list, that they are opting out of that list, not a particular product. One may unsubscribe to a list for many reasons other than products offered. Further, people who "opt in" to lists will not be able to receive these newsletters if a particular product is shown because they opted out of some other list. This does not make any sense, nor is it fair to the recipient. So far, the spam that this act is supposed to be stopping has more than trippled since the Can Spam Act went into effect. The rules are not followed as laid out. I don't believe an email with the subject "regarding your order" tells me that it contains an advertisement for a product. It tells me I have already purchased a product. I receive emails everyday with subjects that are not relevant to the content. Not to mention the ones from porn sites, penis enlargements, drugs, ciggarettes, and so on. Before the Can Spam Act I received a few of these a day, now I recieve 50 to 100. How do I stop this? I have no clue. I see no way of enforcement for this act at all. There is no reporting agency laid out, who do I report to? Certainly the average person has no clue. If the "suppression list" is put into effect it is only going to harm the legitimate business person and will not stop the porn sites, penis enlargement sites and so forth that are not playing by the rules in the first place. The internet will then only house these disgusting businesses and not allow a place for "real" business. The idea that if I opt out of a list from a real estate company actually means that I never want to receive information about real estate again is ridiculous. I believe that "I" should be able to decide who "I" want to do business with, and this interpretation takes away that right! I think the great minds of Congress should be able to come up with something better than this. I hope that letters like mine will be listened to, because the US government should not be in the business of putting hard working American citizens out of business, and unfortunately that is exactly what is going to happen. I can assure you the people perpetrating the bulk of the spam will not comply with a "suppression list" any more than they have complied with the rest of the act. The "opt out" section and the "subject identification" section should be enough to control the problem of spam - if there is a comprehensive reporting and enforcement system, which is what seems to be lacking. Thank you for this opportunity to provide my opinion. Very truly yours DM Thomas