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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
http://www.ftc.gov/bcp/conline/edcams/spam/consumer.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:
http://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.
You can file your complaint using our on-line
complaint Form 1088 found at
www.fcc.gov/cgb/complaints.html; 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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What to Include In Your Complaint
The best way to provide all the
information needed for the FCC to process your complaint
about unwanted commercial messages to a wireless device is
to complete fully the on-line complaint Form 1088. The
opening pages of the Form 1088 will direct you to the Form
1088G, which asks specific questions relevant to unwanted
commercial messages to wireless devices. If you do not use
the on-line complaint Form 1088, your complaint, at a
minimum, should indicate:
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your name, address, e-mail address,
and phone number where you can be reached;
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the phone number or e-mail address
of the wireless device to which the message was sent,
and, if a phone number, whether it is on the national
Do-Not-Call list;
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date and time of the message;
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whether the message advertises or
promotes a commercial product or service;
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any information to help identify
the sender or the individual or company whose products
or services are being advertised or promoted, and
whether any of this information was provided in the
message;
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whether the message provided any
contact information to allow you to opt out of receiving
future messages;
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whether you gave the sender
permission to send you messages; and
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a description of any actions you
took NOT to receive messages from the sender or
individual or company whose products or services are
being advertised and when you took them.
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What You Can Do About Commercial E-Mail You
Receive on Non-Wireless Devices, Such as Your Computer at Home
For commercial e-mail you receive on your
non-wireless devices, you can file a complaint with the FTC. To
file a complaint with the FTC or to get free information on spam
issues in general, visit
http://www.ftc.gov/spam/ or call 1-877-382-4357 voice;
1-866-653-4261 TTY.
What You Can Do to Prevent Spam to Your
Wireless Device in Particular and Spam in General
You can reduce the amount of spam you receive
by doing the following:
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Put your wireless phone number on the
national Do-Not-Call list, and distribute it sparingly.
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Don’t display your wireless phone number or
e-mail address in public. This includes newsgroups, chat rooms,
Web sites, or membership directories.
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If you open an unwanted message, send a
stop or opt out message in response.
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Check the privacy policy when submitting
your wireless phone number or e-mail address to any Web site.
Find out if the policy allows the company to sell your
information.
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Contact your wireless or Internet service
provider about unwanted messages.
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Before you transmit personal information
through a Web site, make sure you read through and understand
the entire transmitting form. Some Web sites allow you to opt
out of receiving e-mail from partners – but you may have to
uncheck a preselected box if you want to do so.
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You may want to use two e-mail addresses –
one for personal messages and one for newsgroups and chat rooms.
Also, consider using a disposable e-mail address service that
creates a separate e-mail address that forwards messages to your
permanent account. If one of the disposable addresses starts to
receive spam, you can turn it off without affecting your
permanent address.
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Try using a longer and unique e-mail
address. Your choice of e-mail addresses may affect the amount
of spam that you receive. A common name like “mjones” may get
more spam than a more unique name like da110x110. Of course,
it’s harder to remember an unusual e-mail address.
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Use an e-mail filter. Some service
providers offer a tool that filters out potential spam or
channels spam into a bulk e-mail folder. You may also want to
consider filtering capabilities when choosing an Internet
service provider.
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For More Information
For general information on this and other
telecommunications-related issues, contact the FCC’s Consumer Center in the
following ways:
Internet: www.fcc.gov/cgb
E-mail:
fccinfo@fcc.gov
Telephone:
1-888-CALL-FCC (1-888-225-5322) voice
1-888-TELL-FCC (1-888-835-5322) TTY
Fax: 1-866-418-0232
Mail:
Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries & Complaints
Division 445 12th Street, SW
Washington, DC 20554. |
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Federal Communications Commission
