CAN-SPAM - New Updates to Federal Law

I asked our ISP Relations & Deliverability Manager George Sukara to update me on some new CAN-SPAM rulings that just happened this past week (and break it down in plain English for all of us.)

1) POSTAL ADDRESS - Valid Physical Address can include a PO box or Mail Stop, as long as the USPS recognizes it. This might be an obvious one but it used to be a gray area, now it's not.

2) 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. So business entities, as well as regular folks are now responsible for CAN-SPAM compliance in regards to all commercial email they send.

3) DESIGNATED SENDER RULE - This applies to you if you include any advertising or partners in an email. If you don't include your company name "in the email" with a link to access your site, your advertisers are responsible for CAN-SPAM compliance even if your name is in the From Label. This mainly applies to companies who send coupons or offers on behalf their partners.

For example: Company A sends an email to their list with a special offer from Company B. In the email, Company A must have some information that advertises their own service, and some way for the recipients to access their site.

If Company A does not include some kind of ad for their own company inside the email, then Company B being advertised within the email would be responsible for all CAN-SPAM compliance.

IMPORTANT NOTE: If you're advertising in another company's email marketing campaign, make sure they put something about their services with a link to their site. You don't want to be on the hook for their CAN-SPAM compliance.

Also, CAN SPAM states (again) that all commercial emails:

• Must have a working reply-to address or other web based opt-out mechanism (which must also be conspicuous) for the company listed in the From Label
• Can't be false or misleading
• Can have no deceptive subject lines
• Must comply with the SEXUALLY EXPLICIT label

4) UNSUBSCRIBE - Unsubscribes must not be complicated, nor can it require some kind of purchase, or taking a survey. The only thing you are allowed to ask for in an unsubscribe is an email address and the user's email preferences.

As usual we'll keep you informed on most of the CAN SPAM updates, just be sure you follow the simple the rules above and you'll be AOK.    

Comments

[Janine Popick]

For Tom

Under CAN SPAM the way you collect email address technically does not matter. However as a best practice, we recommend that you use an opt-in form with either a CAPTCHA or double opt-in for maximum response and minimum complaints, bounces and unsubscribes.

Also when collecting business cards it doesn't hurt to ask if you can add them to your list.

[Janine Popick]

For Sanjay

Under CAN SPAM that would not be considered spam as long as you follow all of the rules.

However, it's our recommendation that you do not do that in bulk. It could be bad for your brand because they might consider it spam and complain to their ISP.

[sanjay]

Thank you for the concise post. A question that you may have answer to: say I obtain email address of a business from their 'contact us' web page and send them a partnership solicitation mail - would it constitute a CAN-SPAM violation? Would appreciate your opinion.

[tom]

does the way you collect the email matter if you follow all the other rules? like opt-out etc?

[Mitch]

A much needed and simple summary of CANSPAM-Thanks.