The Direct Marketing Association is considering a legal challenge to the new California spam law, SB-186, by state Sen. Kevin Murray (D-Culver City).
At a List Leaders meeting last month, DMA officials stated that filing a lawsuit is an option (assuming that the California bill is not preempted by federal legsilation, which seemed likely at deadline).
The meeting centered on coping with the measure, which makes it illegal for a marketer to send e-mail to people in the state without their permission. For list professionals, the development is especially troubling because many e-mail files don’t contain postal data, so there is no way to tell whether or not recipients are in California. The law is scheduled to take effect on Jan. 1.
Many list pros at the meeting were not aware of the law until they heard the presentation by Emily Hackett, state policy director for the Internet Alliance, a DMA subsidiary.
At press time, the DMA planned to issue “guidance” describing the law and what members need to do to comply, said DMA spokesman Louis Mastria.
The California law “re-affirms our commitment to push for federal legislation that creates one nationwide standard,” he added.
Some list pros were not terribly worried. “Somebody’s going to come up with a software program to identify California addresses,” said Linda Huntoon of Direct Media Inc. “I can remember when ZIP codes started and people were afraid it was going to put us out of business. But it was good for business.”
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