That was the message delivered yesterday by attorney Martin I. Eisenstein during the "Legal Issues for Catalogers" session at the New England Mail Order Association's spring conference.

The reasons given included: It pre-empts state law; it precludes private class-action lawsuits; and it provides a uniform rule.

The bad news, however, is that state attorneys general can sue under the law in certain circumstances. They can obtain statutory damages of up to $250 per e-mail, up to $2 million in each state.

"You need to make sure that there is an opt-out description in the body of the e-mail that is clear and conspicuous," said Eisenstein, whose firm, Brann & Isaacson LLP, Lewiston, ME, represents more than 70 DM companies. "You have to have a functioning opt-out mechanism that stays available for 30 days. Furthermore, you have to honor recipients' requests to opt out within 10 business days."
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