I was wondering if we could discuss the differences between the states concerning their SPAM laws. I know this will be a subject that will hit dealerships into the future. How many ISMs know the SPAM laws of their own state? I wrote an article that is posted on www.dotcominsider.com that you might want to read. Let me know your thoughts on SPAM if you would and how it effects you at this time and into the future.
------------------
Dennis Rushing
President/CEO
Dealer Cat Inc.
www.dealercat.com
drushing@dealercat.com
New SPAM Laws
3 posts
• Page 1 of 1
New SPAM Laws
by doc » Mon Sep 02, 2002 12:50 pm
Forum Leader - Delete this post please!!!
[This message has been edited by doc (edited 09-02-2002).]
- doc
New SPAM Laws
by doc » Mon Sep 02, 2002 12:51 pm
Dennis,
I just got off vacation and saw your post with much surprise and excitement. This is a topic that is long over-due for discussion and I hope that the readers of this forum take it seriously. I have also noticed through the many conversations had with Internet Mangers from many different regions within my 5 years at this job, that not only are most Reps un-aware of anti-SPAM regulations, but some do not even understand what constitutes for SPAM.
To answer your question I operate in Florida and currently there are no regulations in effect that govern SPAM as it pertains to Auto Dealers. However there is a little known regulation that could easily be adopted and enacted. It is a Florida Bar Rule (4-7.6) only applying to Legal services stating that all unsolicited electronic advertising must include Legal advertising within their subject line.
It is scary to think of how many dealers who are paying little attention to their Internet operations and are unknowingly opening themselves up to lawsuits that could cost a dealership thousands. What I mean, for those who are wondering, are the many attempts currently residing in the House and Senate to mandate regulations for such acts. This includes one of the most recent being the Unsolicited Commercial Electronic Mail Act of 2001, which is a revised version on the same bill pushed in 2000. It basically is a federal bill to regulate the unsolicited advertising by mandating specific requirements of the advertiser that they must have included in all unsolicited mail. This includes opt-outs, subject line messages, and specific content within the body of the message. Although this Bill did not pass through the House in its entirety, and is still considered a piece of Pending Legislation, this is a re-occurring Bill and makes it quite obvious that eventually some sort of similar legislature will be adopted on a Federal level. What this Bill (and its predecessors) has done though is opened the roads for many Individual State regulations that (although are similar from State to State) appear to be different. There are also many lawsuits currently in courts all over the Nation that involve this type of advertising violation. It is only a matter of time before a few dealers get caught with their pants down.
Ironically and little more real is the already active Unsolicited Commercial Telephone Consumer Protection Act of 1991. This was a regulation to combat the telemarketing sales pitches of the late 80s and early 90s being sent via fax. Funny thing is that Technically this act could be used against a company now for unsolicited email advertising in almost any State. Reason being that your Internet already resides on phone lines for its connections, also most utilize a modem to connect which places any email originating from a PC connected through a modem and traditional phone lines in violation. This law prohibits the sending of unsolicited advertisements to telephone facsimile machines, which it defines as equipment which can transcribe electronic signals received over a telephone line onto paper. Based on its definition this would include email. It would still have to be proven that it was a direct violation of this law, however in the right State with the right Judge this could be tomorrows headline
Local Car Dealer Caught for and being investigated for the possible violation of the Telephone Consumer Protection Act I would hate to be the GM of that store the morning after this headline breaks.
Dont worry too much though Recently there was a case involving the above stated law and was dismissed due to the law posing as a possible infringement on our 1st amendment rights. Which coincidentally is the ONLY reason there hasnt been a Federal Regulation imposed to date. Most being presented come dangerously close to violating our Freedom of Speech rights. Just be cautious, and aware and you should keep any heat off of you.
John Holladay
E-commerce Director
Parks Automotive Group
I just got off vacation and saw your post with much surprise and excitement. This is a topic that is long over-due for discussion and I hope that the readers of this forum take it seriously. I have also noticed through the many conversations had with Internet Mangers from many different regions within my 5 years at this job, that not only are most Reps un-aware of anti-SPAM regulations, but some do not even understand what constitutes for SPAM.
To answer your question I operate in Florida and currently there are no regulations in effect that govern SPAM as it pertains to Auto Dealers. However there is a little known regulation that could easily be adopted and enacted. It is a Florida Bar Rule (4-7.6) only applying to Legal services stating that all unsolicited electronic advertising must include Legal advertising within their subject line.
It is scary to think of how many dealers who are paying little attention to their Internet operations and are unknowingly opening themselves up to lawsuits that could cost a dealership thousands. What I mean, for those who are wondering, are the many attempts currently residing in the House and Senate to mandate regulations for such acts. This includes one of the most recent being the Unsolicited Commercial Electronic Mail Act of 2001, which is a revised version on the same bill pushed in 2000. It basically is a federal bill to regulate the unsolicited advertising by mandating specific requirements of the advertiser that they must have included in all unsolicited mail. This includes opt-outs, subject line messages, and specific content within the body of the message. Although this Bill did not pass through the House in its entirety, and is still considered a piece of Pending Legislation, this is a re-occurring Bill and makes it quite obvious that eventually some sort of similar legislature will be adopted on a Federal level. What this Bill (and its predecessors) has done though is opened the roads for many Individual State regulations that (although are similar from State to State) appear to be different. There are also many lawsuits currently in courts all over the Nation that involve this type of advertising violation. It is only a matter of time before a few dealers get caught with their pants down.
Ironically and little more real is the already active Unsolicited Commercial Telephone Consumer Protection Act of 1991. This was a regulation to combat the telemarketing sales pitches of the late 80s and early 90s being sent via fax. Funny thing is that Technically this act could be used against a company now for unsolicited email advertising in almost any State. Reason being that your Internet already resides on phone lines for its connections, also most utilize a modem to connect which places any email originating from a PC connected through a modem and traditional phone lines in violation. This law prohibits the sending of unsolicited advertisements to telephone facsimile machines, which it defines as equipment which can transcribe electronic signals received over a telephone line onto paper. Based on its definition this would include email. It would still have to be proven that it was a direct violation of this law, however in the right State with the right Judge this could be tomorrows headline
Local Car Dealer Caught for and being investigated for the possible violation of the Telephone Consumer Protection Act I would hate to be the GM of that store the morning after this headline breaks.
Dont worry too much though Recently there was a case involving the above stated law and was dismissed due to the law posing as a possible infringement on our 1st amendment rights. Which coincidentally is the ONLY reason there hasnt been a Federal Regulation imposed to date. Most being presented come dangerously close to violating our Freedom of Speech rights. Just be cautious, and aware and you should keep any heat off of you.
John Holladay
E-commerce Director
Parks Automotive Group
[This message has been edited by doc (edited 09-02-2002).]
- doc
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