Friday, September 18, 2009

Do Not Call List Phone or Email

Do Not Call Registry
The National Do Not Call Registry is a list of phone numbers of consumers who have indicated their choice to limit the telemarketing calls they receive.


This list is managed by the FTC (Federal Trade Commission), and is enforced by the FTC, FCC (Federal Communications Commission) and state officials. Since violation of this law can result in a serious fine (up to $11,000), we suggest you review the rules and regulations on the following sites:

www.donotcall.gov

www.telemarketing.donotcall.gov

www.ftc.gov/bcp/conline/pubs/tmarkg/donotcall.shtm

www.fcc.gov/cgb/donotcall

In addition, to the above sites, it is important to check the policy of each state individually. Some states have adopted the National Do Not Call Registry as their own; other states have their own laws, in addition to the federal law. We have listed some of these below.



Email Regulations

Before you send unsolicited email, know the laws regulating spam.
The CAN-SPAM Act of 2003 (the "Act") was effective as of January 1, 2004 . The Act is intended to reduce or regulate the number of unsolicited commercial e-mails.
To comply with the Act, it is not necessary that the sender have the direct consent or a prior business relationship with the recipient. Rather, it requires the sender to provide an opportunity for recipients to "opt-out" of receiving any further commercial e-mails from them. The "opt-out" provisions, as well as other key provisions, of the Act are outlined below.
The Act prohibits:
Hiding e-mail origin using other computers (hacking and relaying);
False or misleading header information;
Deceptive or misleading subject headings;
Deception in registration of e-mail and domain names, and ownership of IP addresses; and
Sending commercial e-mail unless the e-mail provides
clear and conspicuous identification that the message is an advertisement or solicitation;
clear and conspicuous notice of the recipient's opportunity to opt-out of further e-mails; and
a valid physical address.
The Act requires:
All commercial e-mails to have a functioning return e-mail address that a recipient of the e-mail can use to opt-out of receiving further commercial e-mail;
That e-mail addresses must remain capable of receiving communications for no less than 30 days after transmission of the original e-mail; and
Opt-out requests must be honored within 10 days.
To avoid potential pitfalls, develop an unsubscribe or opt-out process as well as a strategy for capturing affirmative consent.
Spam Legislation by State Specific laws in the state where you live and work may be even more strict in regards to unsolicited commercial email. Spamlaws.com has an extensive list of regulations in the United States.