The bill would give US consumers the option of telling marketing companies to remove their e-mail addresses from e-mailing lists – a so-called “opt-out” rule. Companies failing to comply with such a request risk regulatory action by the Federal Trade Commission. In addition, ISPs are given a right to sue the spammers for the sum of $500 for each violation, up to a maximum of $50,000. Consumers can sue the spammers who fail to comply with their requests, but class actions are prohibited.
The bill was attacked this week by politicians and industry representatives alike. Among the fears expressed were that it could open the floodgates to frivolous litigation and that it could interfere with legitimate uses of e-mail.
More spam emanates from the US than any other country, so those outside the US could see indirect benefit if the US passes spam laws. The biggest problem with such laws is that the senders of spam already break other laws with many of their e-mails, such as those on advertising and fraud, so they are unlikely to take heed of new laws.
The House Judiciary Committee can vote against the Bill or amend it. In the absence of further action, it will be put to the House floor for a vote on 5th June.