Comment Number: OL-102202
Received: 3/31/2004 2:28:10 PM
Organization: CMOR
Commenter: Brian Dautch
State: MD
Agency: Federal Trade Commission
Rule: CAN-SPAM ANPR
Docket ID: [3084-AA96]
Attachment: OL102202.pdf

Comments:

***This is a cover letter, which we would like to be considered along with our comment (please see attached). Although I have already submitted the comment electronically, along with the answers to the questions above, I hope that you are also able to consider the contents of this cover letter. CMOR, which protects and advocates survey research, does not want to give up its "implicit exemption" from spam-related regulation. Because our members are not engaged in any form of commercial sales, we are considered exempt from the CAN-SPAM Act. We wish to preserve and protect that status. We wish to comment on this regulation because of the negative impact of spam on our profession. It is difficult for CMOR members to collect data on behalf of the American populace when most people's inboxes are so inundated with spam that they don't even notice legitimate surveys that might benefit their preferences, their health, and their lives. So even though we are exempt from such regulation, according to the CAN-SPAM Act, and even though our implicit exemption has been maintained in the Do Not Call regulations and the 10th Circuit Court's decision in Mainstream Marketing v. FTC, No.03-1429 (both corollaries to the issue at hand), we support the FTC in its pursuit and punishment of people sending commercial sales spam that can unfairly (even fraudulently) injure American consumers. Thank you, Brian Dautch Director of Government Affairs, CMOR