Can Spam Update
Tuesday, June 3rd, 2008Listed below are the latest Federal CAN-SPAM rulings. There is not really anything new; it’s mostly clarification for things that were formerly grey areas.
- The physical address can now include a PO box or Mail Stop, as long as the USPS recognizes it.
- In CAN-SPAM speak, “person” is now defined not just as a human, it can also be a corporation, non-profit, etc. This is who is responsible for CAN-SPAM compliance when sending a commercial email. Business entities (as well as individuals) are now responsible for CAN-SPAM compliance in regards to all commercial email they send. (For the most part, businesses have been treating CAN-SPAM as if this were the case all along.)
- Even if your name is in the From Line, you must also have your company name in the actual email with a link to your website. If not, your partners and/or your advertisers will be responsible for CAN-SPAM compliance. This mainly applies to companies that send emails or coupons to their list on behalf of their partners. For example, if company A sends an email to their list on behalf of company B, company A has to not only have their name in the From Line, but also have their name and information about their company and a link or web address to their own site in the email. If not, Company B is responsible for CAN-SPAM compliance. If you are Company B in this example, make sure you follow-up with the company sending email on your behalf to ensure they’re up to date with CAN-SPAM so you’re not responsible for their compliance.
- The process of unsubscribing cannot require a purchase, taking a survey, or be complicated. You can only ask for the email address and user’s email preferences (i.e. do they want to receive email or not).
CAN SPAM reiterates:
- that all commercial emails must have a working reply-to address or other conspicuous web-based opt-out mechanism for the company listed in the From Line
- emails can’t be false or misleading
- email subject lines can’t be deceptive
- emails must comply with the “sexually explicit” label where applicable