FTC Sues Seven Companies Over Porn Spam
The Federal Trade Commission on Wednesday said it has filed lawsuits against seven companies for allegedly sending X-rated spam without the required warning meant to protect children and consumers from unwanted pornography.
Four of the companies had already settled with FTC, agreeing to pay a total of $1.2 million in civil penalties. The settlements also bar the companies from sending unlabelled porn spam in the future and requires them to monitor affiliates to ensure that they are also in compliance with federal laws, the agency said.
The FTC's Adult Labeling Rule and federal CAN-SPAM Act require commercial e-mailers of sexually-explicit material to use the phrase "sexually explicit" in the subject line and to ensure that the initially viewable area of the message does not contain sexually graphic images. The e-mailers also are required to give consumers the opportunity to opt out of receiving future e-mails.
The rule and law were designed to protect consumers and children from exposure to "random assaults of sexual material," Lydia Parnes, director of the FTC's Bureau of Consumer Protection, said in a statement.
"This x-rated e-mail is electronic flashing," Parnes said. "It exposes kids and other unwary consumers to graphic sexual content, and it is unwanted, offensive, and illegal."
