Do you really want an unsolicited “sponsor” message on your phone or on your computer? Consumers
consider these personal devices and are increasingly rejecting such overtures. Marketers should really think about the value and relevance of such campaigns.
Compiled by destinationCRM.com, below are laws enacted and pending that provide consumers a voice against unwanted marketing approaches:
(Controlling the Assault of Non-Solicited Pornography and Marketing Act; http://www.ftc.gov/spam/)
The offense: False or misleading subject titles and headers; no opt-out function; failure to self-identify as an advertisement or to provide a valid postal address. The penalty: Fines of up to $11,000 per violation; entered on Internet blacklists and blocked from all inboxes; filtered directly into spam folders.
National Do Not Call Registry
The offense: Unsolicited or fraudulent telemarketing.
The penalty: Civil penalties of up to $11,000 per violation. Currently over 157 million phone numbers are on the National Do Not Call Registry.
Do Not Mail Registry
The offense: Unwanted solicitations through direct mail. The update: Several states have submitted bills this year in favor of creating Do Not Mail registries, making it illegal to send junk mail. The movement began with proposals in 2007; since then, some bills have already been rejected or dropped.
Do Not Track
The offense: Tracking and targeting consumers based on online activity. The update: In April, the Consumer Federation of America and the Consumers Union petitioned the Federal Trade Commission (FTC) to create a Do Not Track list of consumers. If approved, this would require explicit consumer consent, prevent the tracking of consumers under 18, and ban the tracking of health and other sensitive information.
Mapping the Mobile Marketplace
The offense: Unwanted solicitation through mobile devices. The update: The FTC met in early May to discuss consumer protection in the face of expanding mobile commerce (e.g., location-based services, coupons, and ringtones). Topics included: fraud, privacy, targeting of children and adolescents, and customer control.