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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 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

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  1. Virginia State Bar Annual Meeting Corporate Counsel SectionUpdate on Do Not Call & Spam Michael Goodman Federal Trade Commission www.ftc.gov

  2. 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

  3. 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

  4. National Do Not Call Registry - I • The Basics • Creation • Litigation • Compliance • Jurisdiction • Enforcement

  5. National Do Not Call Registry - II • Registry Details • Fees • Safe Harbor update • Data Sharing • Established Business Relationships & other exceptions

  6. 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

  7. 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

  8. 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

  9. 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

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