The FTC settles with DirecTV over alleged violations of the Do Not Call registry.
But what’s interesting in this article is the following:
The FTC’s action “demonstrates that the registry is a program consumers can continue to believe in,” said FTC Chairwoman Deborah Platt Majoras at a press conference held Tuesday morning. “Sellers are on the hook for calls placed on their behalf and for their benefit,” she added. “It is not named the Do Not Call Registry for nothing.” [my emphasis in bold]
Hmm… would that imply that companies advertising through spyware applications might have a liability? Remember that Can Spam has this type of provision:
- (a) IN GENERAL- It is unlawful for a person to promote, or allow the promotion of, that person’s trade or business, or goods, products, property, or services sold, offered for sale, leased or offered for lease, or otherwise made available through that trade or business, in a commercial electronic mail message the transmission of which is in violation of section 5(a)(1) if that person–
- (1) knows, or should have known in the ordinary course of that person’s trade or business, that the goods, products, property, or services sold, offered for sale, leased or offered for lease, or otherwise made available through that trade or business were being promoted in such a message;
- (2) received or expected to receive an economic benefit from such promotion; and
- (3) took no reasonable action–
- (A) to prevent the transmission; or
- (B) to detect the transmission and report it to the Commission.