Comments:

Re: CAN-SPAM Act Rulemaking, Project No. R411008 To the Commissioners, Your efforts to try curbing SPAM are to be applauded. However, as a small business owner who markets via opt-in email only, I am very concerned about the proposed requirement for merchants to maintain suppression lists. Affiliate programs are a key to building a profitable business. But as a list owner, it would be extremely costly and time-consuming to guarantee that other vendors (whether members of my affiliate program or just people who want to recommend my product) are not promoting my products to people who have opted out of my mailing list. It would be even more difficult to ensure that they are comparing their lists against my opt-out list in a timely manner. Also, people change email addresses so frequently, it is practically impossible to guarantee that I or my affiliates aren't contacting someone who has opted out via a different email address. Finally, developing and maintaining tools that will track separate opt out lists for commercial messages only will be difficult, if not impossible. For example, I sent out an email newsletter to subscribers who opt-in. If they don't want to receive commercial messages from me, I would have to take them off my email list altogether. I don't have the resources to maintain a list of people (not just email addresses) who want my free information, but not a commercial message. I have been contacted by several business owners who would like to promote my marketing book to their clients (for a commission, of course). Establishing an affiliate program could a potentially lucrative move for my business. But if these proposed requirements are passed, there will be no way I can feasibly offer an electronic affiliate program. The CAN-SPAM law was meant to help protect us from spammers. However, these proposed requirements will seriously impede the ability of legitimate online marketers to conduct business. Respectfully, Jenny Hamby Plainfield, IL, USA