An FTC official raised concerns that Gmail's spam filters routinely block messages from Republican senders while allowing similar Democratic messages through. Complaints originated from Targeted Victory, which reported Gmail flagging emails linking to WinRed as spam but not emails linking to ActBlue. The official warned that such filtering could prevent Americans from receiving speech or donating, potentially violating the FTC Act's prohibition on unfair or deceptive trade practices and risking an FTC investigation. Google responded that Gmail's spam filters rely on objective signals, such as user spam markings and sender volume, and that the approach is applied equally to all senders. Google said it will review the concerns and engage constructively.
"My understanding from recent reporting is that Gmail's spam filters routinely block messages from reaching consumers when those messages come from Republican senders but fail to block similar messages sent by Democrats," Ferguson wrote. He warned Alphabet that if Gmail's filters "keep Americans from receiving speech they expect, or donating as they see fit, the filters may harm American consumers and may violate the FTC Act's prohibition of unfair or deceptive trade practices," adding this could lead to "an FTC investigation and potential enforcement action."
"In response, a Google spokesperson told Axios that Gmail's spam filters "look at a variety of objective signals - like whether people mark a particular email as spam, or if a particular ad agency is sending a high volume of emails that are often marked by people as spam," and they said the company applies this approach "equally to all senders, regardless of political ideology." The spokesperson also said, "We will review this letter and look forward to engaging constructively.""
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