CAN-SPAM Clarification

Christopher Harris — Fri, 11 Jul 2008 01:31:00 GMT

The Federal Trade Commission (FTC) has recently approved a clarification to the CAN-SPAM Act of 2003. These new rules went into effect on July 7th, 2008. All email senders are encouraged to adopt the relevant changes as soon as possible to prevent possible criminal and/or civil charges for violations.

It is important to note that even though many non-profit’s email may not fall under the CAN-SPAM law because it is non-commercial in nature, it is still crucial to follow the regulations to ensure good deliverability.

At a high level, the CAN-SPAM Act of 2003 stated commercial emails must contain all of the following:

The ability to unsubscribe through an opt-out link or by replying to the message
The physical address of the sender
A valid, non-deceptive subject line and header (routing) information
A warning label if the email contains adult content

With the exception of the physical address, these rules remain unchanged.

There are 4 points in the new provisions. The first point regarding opt-outs will require changes by a number of NetCommunity clients.

Cannot complicate the opt-out mechanism.
The final new rule ensures that senders provide an easy, straightforward way for recipients to unsubscribe from unwanted email communications. Senders still have 10 days to complete the opt-out process. The new rule states that the opt-out mechanism:

Must be available through a single web page, by replying to the message, or through an unsubscribe button feature on the email that allows recipients to unsubscribe through a single click
Must only require unsubscribers to enter their email address and associated opt-out preferences – it cannot require an unsubscriber to log in or require personal or other information such as a reason for unsubscribing
Cannot include a fee or persuasive text on the unsubscribe landing page

Notice to Blackbaud clients
In order to comply with this provision, all NetCommunity clients must ensure that their opt-out page (aka email preferences page) does not require a logon in order to unsubscribe.

NetSolutions is already compliant with the provision.

Liability may attach to any “person,” including non-natural persons.
This rule follows the same guidelines as the Telemarketing Sales Rule by defining the liable party as an individual or as any form of corporate or unincorporated group, partnership, or other business entity, including incorporated non-profit organizations, but excluding politically-based emails.
Designated sender rule.
This new rule states that when an email has multiple contributors the contributors may designate a single sender of the message, who is referenced in the From line of the email, whose physical address appears in the email, and whose products or services are promoted in the email message. The sole sender assumes responsibility on behalf of all the contributors for complying with the CAN-SPAM regulations. If the sole sender does not comply with all of the CAN-SPAM regulations, ALL of the contributors will be held accountable. Each individual advertiser will be considered the sender of the message, and each will be liable for non-compliance.
Valid postal address satisfied by accurately-registered P.O. or private mailbox.
The new rule states that a valid post office box or a private mailbox may be used, as long as it is registered with the United States Post Office, or with a commercial mail receiving agency that follows all USPS regulations.

For More Information
Original CAN-SPAM law
                http://www.internetcases.com/library/statutes/can_spam_act.pdf
Overview of the original CAN-SPAM law
                http://www.silverpop.com/downloads/documents/Can_spam_detail.pdf
CAN-SPAM Clarification
                http://www.ftc.gov/os/2008/05/R411008frn.pdf

Disclaimer

I'm not a lawyer. Please consult your own attorney if you have legal concerns.

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CAN-SPAM Clarification