|Received:||6/17/2005 3:37:45 PM|
|Agency:||Federal Trade Commission|
|Rule:||Definitions, Implementation, and Reporting Requirements Under the CAN-SPAM Act|
Comments:It is with great concern that we respond to the inflexible limitation the proposed three-day opt-out rule provision imposes. Operationally, three days is not a realistic time frame in which to effectuate a recipient's opt-out request. As a company that strongly relies on email marketing, the adherence to this restriction puts undue burden on us to man and process the suppression procedure twice a week instead of our current once-a-week schedule. This entails manually downloading and removing the names from our databases. Furthermore, and especially for small businesses, if the individual who manages the suppression process is away from the office for a week, the deadline (within three days of receipt) becomes problematic at that time and leaves us open to liability. Compare this time-frame to your Do-Not-Call List that requires 30 days and you may understand our concern with the unfairness of this proposal. We urge you to revoke your proposal and keep the ten business day provision in place. This allows for both intentional and unintentional delayed deliveries—that ultimately arrive after the deadline has expired—to be completed.