Virginia State Bar Annual Meeting Corporate Counsel Section Update on Do Not Call & Spam
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Transcript of 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
Federal Trade CommissionFederal Trade Commission
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
Federal Trade CommissionFederal Trade Commission
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
Federal Trade CommissionFederal Trade Commission
National Do Not Call National Do Not Call Registry - IRegistry - I
The BasicsThe Basics CreationCreation
LitigationLitigation
ComplianceCompliance
JurisdictionJurisdiction
EnforcementEnforcement
Federal Trade CommissionFederal Trade Commission
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
Federal Trade CommissionFederal Trade Commission
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
Federal Trade CommissionFederal Trade Commission
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
Federal Trade CommissionFederal Trade Commission
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
Federal Trade CommissionFederal Trade Commission
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