LEGAL ENVIRONMENT

There is a global reaction against unsolicited commercial messages via telephone, fax, telex, e-mail, and other electronic means. In particular, people are complaining about automated telephone messages and unsolicited commercial e-mail (UCE) messages.

Vendors and suppliers want to use electronic means to promote their products and services. Some potential customers, however, are overwhelmed by the amount of UCE traffic they receive and want restrictions on UCE. These issues have been debated for years in legislations around the world, in particular in the U.S., Europe and Japan. Some U.S. states, like California have instituted laws in this area. About a dozen bills have been introduced in the U.S. Congress in the last couple of years, however none has become law. 

Some of these bills suggest Opt-out and Opt-in lists by which consumers can "opt out" of one or all  mailing lists, or take the option to be listed in (be in) one or several mailing lists. 

Legislative bodies are debating who should maintain such lists, who should enforce them and how, and who should pay the bill for this expensive operation. 

The major lobbying organization in this area in the United States is the Coalition Against Unsolicited Email (CAUCE). Their website provides up-to-date information about the legislative history of UCE. 

The European Union is working in the same area, but the legislative process is longer. Based on recommendations from EU, each member state has to create its own legislation. On May 20. 1997, the European Parliament and the European Council issued Directive 97/7/EC (File was removed from the EU website. Click here for a copy) on the protection of consumers in respect of distance contracts (i.e. contracts reached over electronic facilities). 

Among the requirements of this Directive are prior information to a potential consumer before a distance contract is concluded in respect to the identity of the supplier, the main characteristics of the goods or services, the price of the goods or services including taxes, delivery costs, arrangements for payment, delivery or performance, the existence of a right of withdrawal (cancellation), etc.

So far, corresponding national laws have been enacted in Austria, Denmark, Finland, Germany and Italy. Click here for more information. 

Among the clauses in the corresponding Italian legislative decree number 185 of May 22, 1999 are statements that the consumer has to receive information in Italian, and penalties for non-conformity in the amounts of up to 20 million Italian lire (currently between US$9,000 and US$10,000), and that the legal venue is the residence of the consumer. This means that a supplier can be sued by an Italian customer in an Italian (or European Union) court. 

Bertil Lindberg is not a lawyer and nothing stated here should be considered as legal advice. See the legal disclaimer.

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Last revised January 25, 2002.