Jon Leibowitz: New FTC chair

Jon Leibowitz is slated to be appointed the new chair of the FTC as reported by Bloomberg and CNet. This may mean tougher regulations online. In the past Mr. Leibowitz has advocated that online advertisers move to opt-in for website cookies. This may signal his intention to put more control in the hands of the consumer. According to Bloomberg, Mr. Leibowitz has also “advocated more aggressive enforcement by the FTC.” We may see more CAN SPAM prosecutions as a result.

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FTC Opt out clarification

In early July, the Magilla Marketing newsletter has an article about how email preference centers may now be illegal due to the clarifications published by the FTC. Trevor Hughes of the ESPC is quoted extensively, lamenting about how marketers cannot legally interfere in the unsubscribe process.

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Question from the comments

On yesterday’s post there is a question in the comments that I think needs a bit more discussion.

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Brand name spam

I’ve been getting a lot more spam advertising name brand companies. Places like FTD Flowers, Seattle Coffee Direct, Wal-Mart, Jet Blue, Gevalia and VistaPrint seem to all be working with spammers. In some cases, I am getting the same email to different email addresses from different domains and different IP addresses.
I am sure, if asked, all the advertised companies would say they have no knowledge of spamming by their vendors. I’m sure they would say that their vendors tell them I opted in to the email and must have just forgotten. I am sure that this isn’t really spam.
Except it really is spam. Real companies with real brands do use the services of spammers. When caught they loudly protest their innocence and talk about rogue affiliates. In the best cases they will “fire” the affiliate and then look the other way when the affiliate signs back up.
Spam is sending mail to people who never requested it. Hiring someone to do it for you doesn’t mean you aren’t a spammer. With the economy tanking and companies trying to maximize their bottom line, more and more name brands seem to be jumping on the spam bandwagon. It is not an unexpected development, but it will mean more aggressive spam filtering and more difficult email delivery for everyone.

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