Live from the Donnelley Privacy Conference: Wientzen Warns of Do-Not-Mail List

A national do-not-call list is on the way, and a do-not-e-mail list is likely. What can possibly be next?

How about a national do-not-mail list?

That prospect was raised on Friday by Direct Marketing Association president H. Robert Wientzen during the Donnelley Consumer’s Privacy conference in Aspen, CO. And it’s no idle threat.

New York State’s Republican caucus called for the creation of do-not-mail and do-not-e-mail lists early this year, and Massachusetts legislators are mulling a bill to create a do-not-send list for state residents, Wientzen said. In addition, a Washington, DC group called the Center for a New American Dream has urged Congress to create a national do-not-mail registry.

Such measures would “strangle distance marketing online as well as offline,” Wientzen continued.

And those are hardly only threats facing direct marketers. More than 50 privacy bills have been introduced during the 108th Congress, and more may follow. “We’re on a slippery slope on the political scene,” Wientzen said. “No matter how good you are about addressing consumer concerns, the government most assuredly is going to step in more than it already has.”

One bill likely to be signed this year is the CAN-SPAM bill written by Sens. Ron Wyden (D-OR) and Sen. Conrad Burns (R-MT).

The DMA supports the bill because it mirrors DMA guidelines in many areas. For example, it demands that commercial e-mails contain valid street addresses and working opt-out mechanisms. But it is against the desire of Sen. Chuck Schumer (D-NY) that a national do-not-e-mail list be developed.

Despite the fact that such a measure would penalize responsible companies, Schumer seemed adamant about it idea during a recent discussion, Wientzen noted.

Meanwhile, everyone is waiting to see what the Federal Trade Commission will come up with following its recent spam workshops.

“I’m not sure what the FTC will do,” Wientzen said. “But I wouldn’t be surprised to see it do something significant.”

FTC chairman Timothy Muris recently told Senators that a do-not-e-mail registry would be neither effective nor economically feasible, Wientzen said. But the Washington Times reported that the FTC has already resolved the technical issues, he added.

In general, the DMA prefers preemptive national bills to the welter of state laws that now exist.

For example, “Thirty-five states have anti-spam laws,” Wientzen said. “I would suggest that 95% of the companies in our industry are not in compliance.”

When asked to elaborate later, he pointed out that many firms to not use “ADV” in their subject lines as required by some states.

Another piece of legislation likely to pass is the Consumer Privacy Protection Act introduced by Rep. Cliff Stearns (R-FL). It would extend the sorts of privacy measures found in Gramm-Leach-Bliley financial services act to many types of companies.

If passed as written, for example, the Stearns bill would require companies to notify consumers when and why data is being collected and give them a chance top opt out of the sharing of that information, Wientzen said. He noted that Sen. John McCain (R-AZ ) is mulling a companion bill on the Senate side.

And the national do-not-call registry? The DMA supports it despite its general aversion to such measures. But some member firms are not up to speed on it.

“I was dumbfounded at the number of companies calling and asking, ‘What is this do-not-call stuff,’ during the last few weeks,” he said. Wientzen added that he was confused as to “how anyone who has been awake can be asking this question.”