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Background
Many consumers find unsolicited e-mail – also known as
spam – annoying and time-consuming. In addition, unwanted messages sent to wireless phones and
other wireless devices can be intrusive and costly. In 2003, Congress enacted the Controlling the
Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act to curb spam. As required by the
Act, the Federal Communications Commission (FCC) adopted rules that prohibit sending unwanted
commercial e-mail messages to wireless devices without prior permission. This ban took effect in
March 2005. In addition, the Federal Trade Commission (FTC) adopted detailed rules that restrict
sending unwanted commercial e-mail messages to computers. To find out more about the FTC’s rules,
visit
www.ftc.gov/bcp/edu/microsites/spam/rules.htm.
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The FCC’s CAN-SPAM
Rules
The FCC’s ban on sending unwanted
e-mail messages to wireless devices applies to all “commercial messages.”
The CAN-SPAM Act defines commercial messages as those for which the primary
purpose is to advertise or promote a commercial product or service. The
FCC’s ban does not cover “transactional or relationship” messages, or
notices to facilitate a transaction you have already agreed to. These
messages would include statements about an existing account or warranty
information about a product you’ve purchased. The FCC’s ban also does not
cover non-commercial messages, such as messages about candidates for public
office.
The FCC’s ban covers messages sent
to cell phones and pagers, if the message uses an Internet address that
includes an Internet domain name (usually the part of the address
after the individual or electronic mailbox name and the “@” symbol). The
FCC’s ban does not cover “short messages,” typically sent from one mobile
phone to another, that do not use an Internet address. Also, the FCC’s ban
does not cover e-mail messages that you have forwarded from your computer
to your wireless device (but the FTC’s rules may restrict such
messages).
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TCPA and CAN-SPAM
The CAN-SPAM Act supplements some consumer protections
already put into place by the Telephone Consumer Protection Act (TCPA). Under the TCPA the FCC and
FTC established the national Do-Not-Call list. This list contains telephone numbers that
telemarketers are prohibited from calling unless they have an established business relationship
with the called party or are otherwise exempt. FCC rules prohibit sending unwanted text messages to
your wireless phone number if they are sent using an autodialer, or if you have placed that number
on the national Do-Not-Call list.
Even if you have placed your wireless phone number on the
national Do-Not-Call list, the TCPA does not protect you from receiving commercial messages sent to
that number if:
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you have given your prior consent to the sender,
or;
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you have an established business relationship with
the sender.
For more information on the TCPA and the national
Do-Not-Call list, see our consumer fact sheet at: www.fcc.gov/cgb/consumerfacts/tcpa.html.
Express Prior Authorization
Under the FCC’s rules, commercial e-mail messages may only
be sent to your wireless device via the Internet if you have provided your “express prior
authorization.” Commercial e-mail senders may request that you provide this authorization
orally or in writing (e-mail or letter). They must tell you the name of the entity that will be
sending the messages and, if different, the name of the entity advertising products or services.
All commercial e-mail messages sent to you after you’ve given your authorization must allow you to
revoke your authorization, or “opt out” of receiving future messages. You must be allowed to opt
out the same way you “opted in,” including by dialing a short code. Senders have 10 days to honor
requests to opt out.
Wireless Domain Name List
To help enforce its ban, the FCC required all wireless
service providers to provide all Internet domain names used to transmit electronic messages to
wireless devices. The FCC published this list on its Web site at www.fcc.gov/cgb/policy/DomainNameDownload.html. Non-exempt
senders of commercial e-mail messages are prohibited from sending them to any Internet domain name
on this list without the recipient’s express prior authorization. These senders have 30 days from
the date the domain name is posted on the FCC site to stop sending unauthorized commercial e-mail
to Internet addresses containing the domain name. Wireless service providers must add new domain
names to the FCC’s list within 30 days of activating them.
FTC Rules/FCC Enforcement
The FCC can enforce the FTC’s restrictions on any
commercial e-mail message sent to a non-wireless device, such as a desktop computer, if:
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the sender is a communications company (telephone,
radio, paging, cable, or television company), or;
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the message advertises or promotes a product or
service of a communications company.
The FTC’s rules require:
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Identification – Unsolicited
commercial e-mail sent to non-wireless accounts must be clearly identified as a
solicitation or advertisement for products or services.
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Offering a Way to Reject Future
Messages – Commercial e-mail senders must provide easily-accessible, legitimate
ways for recipients to reject future messages from that sender.
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Return Address – All commercial
e-mail, and e-mail considered transactional and relationship messages (about existing
transactions), must contain legitimate return e-mail addresses, as well as the
sender’s postal address.
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Subject Lines – Commercial e-mail
senders must use subject lines that are accurate. Using misleading or bogus subject lines
to trick readers into opening messages is prohibited.
State Anti-Spam Laws
The CAN-SPAM Act is intended to preempt – or replace –
state anti-spam laws, but states are allowed to enforce the parts of the CAN-SPAM Act restricting
non-wireless SPAM. Also state laws prohibiting fraudulent or deceptive acts and computer crimes
remain in effect.
What to Do If You Receive an Unwanted Commercial Message on
Your Wireless Device
You may file a complaint with the FCC if you
receive:
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an unwanted commercial message sent to a wireless
device; or
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a telephone solicitation made to a wireless device
for which the phone number is registered on the national Do-Not-Call list; or
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any autodialed text message on your wireless
device, or an unwanted commercial message to a non-wireless device from a
telecommunications company or advertising a telecommunications company’s products or
services.
There is no charge for filing a complaint. You can file
your complaint using an on-line complaint form found at esupport.fcc.gov/complaints.htm. You can also file your
complaint with the FCC’s Consumer Center by e-mailing fccinfo@fcc.gov;
calling 1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC (1-888-835-5322) TTY; faxing
1-866-418-0232; or writing to:
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, SW
Washington, DC 20554.
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