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CAN-SPAM included provisions for prohibiting unsolicited email from being sent to mobile phones and other wireless devices. The Federal Communications Commission has been working on ways to enforce these provisions, and staying true to the U.S. government’s love for lists, released its “DO NOT EMAIL” list of wireless domains on February 7th. These domains, available at http://www.fcc.gov/cgb/policy/DomainNameDownload.html, include all domains which are primarily used for messaging to mobile devices.
Under the CAN-SPAM regulations, sending unsolicited commercial email to these domains, which are used primarily for mobile messaging, is prohibited. Commercial email can only be sent if prior express permission was obtained. Unlike the definition of permission for regular email however, permission for mobile device users must adhere to a stricter standard.
The recipient must provide an “electronic signature”, the definition of which is described here: http://www.cio.noaa.gov/itmanagement/pl106229.pdf. Moreover, the place or point of email collection for wireless subscribers must include the following disclosures:
- That the subscriber is agreeing to receive mobile service commercial messages sent to his/her wireless device from a particular sender. The disclosure must state clearly the identity of the business, individual, or other entity that will be sending the messages;
- That the subscriber may be charged by his/her wireless service provider in connection with receipt of such messages;
- That the subscriber may revoke his/her authorization to receive Mobile Service Commercial Messages* (MSCMs) at any time.
There are a couple of unsettling aspects to this rule. Mobile email addresses that you already have in your mailing lists are NOT grandfathered in with the permission you have already received from your subscribers. You are expected to acquire Express Permission for all existing subscribers in a way that complies with the FCC Regulations. Full compliance is expected after 30 days from the day the Domain List was published, making March 9th the deadline to meet.
A number of organizations and trade groups are filing petitions to extend the compliance deadline, but official response from the FCC before the deadline is unlikely.
The full text of FTC’s CAN-SPAM rule process can be found here:
http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-194A1.pdf
The full text of the final Rule is included as Appendix B of the above document.
* A Mobile Service Commercial Message is defined as a "commercial electronic mail message that is transmitted directly to a wireless device that is utilized by a subscriber of commercial mobile service."
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