Period Three Blog » CAN-SPAM updates to the law, what you should know.

Oct282008

CAN-SPAM updates to the law, what you should know.

Posted by Gene in Uncategorized, Email Marketing

On May 12th, 2008 the FTC updated some of its rules concerning the CAN-SPAM law(s), that should concern any of you that practice email marketing. The extended measures attempt to address 4 areas, in their words:

(1) an e-mail recipient cannot be required to pay a fee, provide information other than his or her e-mail address and opt-out preferences, or take any steps other than sending a reply e-mail message or visiting a single Internet Web page to opt out of receiving future e-mail from a sender;
(2) the definition of “sender” was modified to make it easier to determine which of multiple parties advertising in a single e-mail message is responsible for complying with the Act’s opt-out requirements;
(3) a “sender” of commercial e-mail can include an accurately-registered post office box or private mailbox established under United States Postal Service regulations to satisfy the Act’s requirement that a commercial e-mail display a “valid physical postal address”; and
(4) a definition of the term “person” was added to clarify that CAN-SPAM’s obligations are not limited to natural persons.

Here’s the skinny in my opinion:

Overall it’s about “permission” if someone doesn’t give you permission to send them email, don’t send it to them. This includes “forward, send-to-a-friend forms and people sharing lists with you.” Don’t do it, you can get in trouble. They also identify the “sender” as the person or company behind the email campaign - where it should be.

FYI: If you didn’t know, or never bothered to look up the name, CAN-SPAM stands for “Controlling the Assault of Non-Solicited Pornography and Marketing”. I’m thinking the name is actually getting outdated… Read the updates here.

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CAN-SPAM updates to the law, what you should know.

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