DMA COMMENDS FTC FOR CHARGING VIOLATORS OF CAN SPAM ACT

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DMA COMMENDS FTC FOR CHARGING VIOLATORS OF CAN SPAM ACT

NEW YORK, NY, January 11, 2005 - The Federal Trade Commission (FTC) today charged a network of corporations and individuals with violating the CAN-SPAM Act by barraging consumers with e-mails containing sexually explicit content through an affiliate marketing program that pays commissions to third parties who drive traffic to the network's Web sites.

"The DMA supports the FTC's continued enforcement efforts using the CAN-SPAM Act,” said Louis Mastria, vice president, communications, The DMA. "This is yet another example of the utility of CAN-SPAM in holding spammers accountable and we continue to believe that law enforcement actions, like the ones taken today, are one the key to ridding spam from our inboxes."

According to the FTC, the defendants have violated virtually every provision of the CAN-SPAM Act, spamming hundreds of thousands of consumers with sexually explicit e-mails.

Violating the Adult Labeling Rule, the defendants failed to include the "SEXUALLY-EXPLICIT:" warning in the subject line of the e-mails and the sexually explicit material appeared within the initially viewable areas of the e-mail. Further, the messages were not clearly identified as advertisements and according to the FTC, consumers were unable to stop the unwanted e-mail messages because the defendants did not provide the required "opt-out" notice.

About The DMA
The Direct Marketing Association (www.the-dma.org) is the leading trade association for businesses and organizations interested in direct, interactive, and database marketing, which in 2003 generated more than $1.7 trillion in US sales, including $134 billion in catalog sales and $41 billion in Web-driven sales. In addition to catalogs and the Web, DMA members employ a wide variety of marketing media, including mail, e-mail, telephone, newspapers and magazines, interactive television, and radio, among others. Founded in 1917, The DMA today has more than 5,200 corporate, affiliate, and chapter members from the US and 44 other nations. Reflecting the significant and growing role that direct and interactive marketing plays in today’s advertising mix, The DMA’s membership represents marketers from every business segment, including catalogers, Internet retailers, retail stores, nonprofit organizations, advertising agencies, financial services providers, book and magazine publishers, book and music clubs, industrial manufacturers, and a host of other vertical segments, as well as the service industries that support marketers.