On February 7, 2005, as directed by the CAN-SPAM Act of 2003, the Federal Communications Commission (FCC) adopted new rules to protect consumers and businesses from receiving unwanted electronic mail messages on wireless devices such as mobile phones.

As part of this rulemaking, the FCC required commercial mobile radio service (CMRS) providers to submit a list of wireless domains that are used to transmit wireless electronic messages to their customers. This list of domains was then used to create an online registry, which can be found at the following address:

http://www.fcc.gov/cgb/policy/DomainNameDownload.html

What Does This Mean to You?

The purpose of the domain name registry is to protect people from receiving unsolicited commercial email messages on their mobile phones.  People can still receive mail on their mobile phones (at one of the email domains shown in the registry), but to do so requires the “individual address” must first give the sender “express prior authorization.”  This establishes a strict opt-in requirement for wireless email addresses which is a much more stringent rule than the requirements set forth for regular, non-wireless email addresses.

As defined by the rules, express prior authorization may be obtained by "oral or written means, including electronic methods" and among other requirements "the written authorization must contain the subscriber’s signature, including an electronic signature as defined by 15 U.S.C. § 7001 (E-Sign Act)."  This means you not only need to obtain permission prior to sending a message, you also need to be able to prove you have it.

In addition, you are also required to disclose to the subscriber at the time authorization is being collected this information: a) they are agreeing to receive mobile service commercial messages sent to his/her wireless device; b) the name of the business or entity that will be sending the messages; c) "the subscriber may be charged by his/her wireless service provider in connection with receipt of such messages;" and d) finally, that the subscriber may revoke his/her authorization to receive these messages at any time.  

eNews Builder Compliance

Given the stringent requirements surrounding these new FCC rules, eNews Builder is taking the precautionary step on behalf of our customers of marking wireless email addresses currently found in your subscriber lists, as well as any new ones that you import, as "undeliverable". Undeliverable subscribers will still appear within your account; however, these addresses will be automatically suppressed from any email campaigns. This precautionary step will protect eNews Builder customers from inadvertently violating the new FCC rule.

If you have any addresses in your list that you believe are being sent to wireless phones, we recommend that you contact these people and ask for another email address. If you have any wireless email addresses for which you have been able to obtain express prior authorization, let us know and we will "unmark" the record for that particular subscriber.

If you have more questions about this new ruling, feel free to email us questions.