|Received:||3/23/2004 5:42:14 PM|
|Agency:||Federal Trade Commission|
I support the legislative principles addressing fraudulent, misleading and abusive unsolicited e-mails and e-mailing practices. However, I am very concerned that regulation of unsolicited e-mail carefully must consider the significant compliance burdens on small businesses (i.e. Do-Not-E-mail Registry). I have not seen any provisions thus far that would ease the compliance burdens and practicability of a Do-Not-E-mail Registry. Until I do, I must ask the agency to go slow with this regulation that has the potential to ensnare conscientious small business persons like Realtors trying to provide updates of market information to past customer inquiries at their eMail addresses provided to the Realtor voluntarily. For example, Under E.1. above, A Realtor forwarding information on a cooperating broker's listing should not be found liable (nor the cooperating broker be held liable) for violating a Do Not eMail Registration or an Opt Out by the recipient who so registered for such cooperating broker. This is because the consumer is best served by having the permitted Realtor enabled to share information on all listing that Realtor believes could be of interest to the recipient. And that Realtor would have no way of knowing the recipient had registered a Do Not eMail for the other broker.