Spam: Do Not Contact Me, Ever

I read an interesting article in eWeek this morning.

All over the world, companies are bracing for the possibility that angry customers—weary of answering phone calls from strange salespeople during their dinner hours and opening e-mail boxes filled with pornography—will test the limits of their right to privacy by filing a lawsuit. The customers may even have the force of law on their side.

We've already got some "Do Not Call" regulations in place and it seems we are trying to add "Do Not Spam" to the list as well.

In September, California Gov. Gray Davis signed the nation's toughest statewide legislation to date regulating the sending of electronic spam. The law, which Long Island, N.Y.-based Publishers Clearing House is watching carefully, gives residents the right to sue anybody that sends them unsolicited commercial e-mail and establishes fines of $1,000 per message, or as much as $1 million. It is scheduled to take effect January 1.

There would be a database set up, much like the "Do Not Call" registry, which would severely limit the use of email to sell services or products. It is said that it will be difficult for companies to comply with these new regulations because there is no clear cut definition of "recipients consent."

Let's get real here. Do you really think that this will change things? I fear that most likely, it will have little or no impact on spammers because, as the article states, "they are difficult to find."

Truth in advertising needs to be enforced. History shows us that the FTC has been lackadaisical in enforcing it. Spammers would need to get rid of any misleading statements in their emails. If they advertised that their product was new and improved, then they would need to clearly prove that, in advance.

Marketers would like us to believe that the implementation of this regulation would violate their "Freedom of Speech." After all, no one is forcing us to listen. My argument is if I have to pick up the phone to listen to them, or delete an email, then I am being forced to listen. I did not ask them to call or email me.

I read a discussion on this and one reader put it best: "They are free to 'speak' all they want, just not in my home, in my ear or in my Inbox."

Mood: Reflective
Background noise: Scooby Doo

Comments?