New Restrictions on Commercial E-Mails to Take Effect March 9, 2005

NADA is also alerting dealers that the FCC has announced, effective March 9, 2005, it will be unlawful to send a commercial text or e-mail message to a wireless subscriber without the subscriberês express prior authorization. To assist senders in identifying the e-mail addresses of wireless subscribers, the FCC has published a list of wireless domain names at www.fcc.gov/cgb/policy (click on –Download Registered Domain Names.”)

The new restrictions implement part of the CAN-SPAM Act of 2003, which took effect January 1, 2004. The –opt-in” requirement the FCC has imposed for commercial text or e-mail messages to wireless devices is more restrictive than the –opt-out” opportunity that must be included in commercial e-mails to non-wireless recipients.

NADA will soon disseminate information on the new restrictions, along with a summary of the Federal Trade Commissionês recently-released criteria for distinguishing commercial e-mail messages (which trigger certain disclosure requirements) from other types of messages. For additional information on the new restrictions on commercial e-mails to wireless devices, click on the FCC press release at: http://hraunfoss.fcc.gov/edocs_public/attachmatch/DA-05-331A1.pdf.

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