Comment Number: OL-104869
Received: 4/18/2004 9:23:06 PM
Organization: Affliate Marketer
Commenter: Trevor Clarke
State: Not in the US
Agency: Federal Trade Commission
Rule: CAN-SPAM ANPR
Docket ID: [3084-AA96]
Attachment: OL-104869.pdf

Comments:

C. Modifying the 10-business-day time period for processing opt-out requests. For a one person operation who goes away for a 2 week vacation, this is a concern. The majority of the time it will be within 10 business days but 15 business days should be permitted to ensure a legitimate operator does not fall foul of the rules by default. F.REPORTS The implementation of a system for rewarding those who supply information about CAN-SPAM violations. This puts at risk legitimate business operators from over zealous or mistaken reporting, from those keen to be rewarded and not clear on what is NOT spam. Allowances need to be made for human error. There is also the risk of malicious allegations, for whatever reason. The effectiveness and enforcement of the CAN-SPAM Act. It is vital that the rules are framed in a way that does NOT drive out many legitimate business operators from unintended consequences. Too many restrictions and requirements will do that, especially from the proposed suppression list. Yet the spammers will continue without regard to the rules and if they get hold of the suppression lists it could cause chaos. Transactional relationship mailing should be recognised as a distinction where a person has willingly opted in to receive information from that person and accepts that there is a commercial element, where products or services will be recommended. If receiving a solo advertisement between these messages, the recipient should have the option to opt out of receiving either the same advertised message, or any future solo advertisement, separate to the free content information. But applicable from the sender only. Cross referencing will become burdensome and complicated to adhere to. If people do not like what is being promoted to them, they unsubscribe to the information ezines or messages, thereby ending the transactional relationship.