16 CFR Part 316; CAN-SPAM Rule: Rule Review; Request for Public Comments; Project No. R711010
The CAN-SPAM Act has greatly reduced the unwanted barrage of emails that I receive, and I hope it will continue to be left in place. My suggestion for improving it would be to establish a way for consumers to forward non-compliant emails they receive, for review and potential enforcement by the FTC. Problems I continue to see are: marketing emails from major retailers that have no Opt-Out function, or whose Opt-Out pages don't work, or who state that it will take up to 30 days for my email to come off their distribution, or who keep emailing me despite having gone successfully through their Opt Out process. I also get emails from spammers of adult and pharma services without the appropriate subject line info or with misleading subject lines. I purchase a lot of things online, and there are still sellers who are not aware of their obligation to acknowledge orders promptly and who don't provide shipping information after a purchase. A stern warning email from the FTC about their non-compliance, and a link to the regulation and any guidance docs, would go a long way towards educating those who are unaware or who continue their bad practices because there are no consequences. Additional escalation would be appropriate for continued and willful violators, to include fines, a blacklist of known spammers for circulation amongst the email service providers such as Constant Contact and MailChimp, and jail time.