FTC Issues Updated CAN-SPAM Rules

The U.S. Federal Trade Commission has issued updated provisions to the 2003 CAN-SPAM Act. These new provisions became effective in mid-July.

In the updated rule on consumer opt-out requests, e-mailers are prohibited from complicating the opt-out process by charging fees to consumers wishing to be added to opt-out lists. It also prevents e-mail marketers from requiring consumers to provide information other than an e-mail address and opt-out preferences, or take any steps other than sending a reply e-mail message or visiting a single Internet page to opt out of receiving future e-mail from a sender.

Other updated provisions include:

• Clarifying the definition of what constitutes a “valid postal address.” Under the revised rules, businesses may publish a P.O. Box or a private mail box in a commercial e-mail message to comply with the valid physical postal address requirement provided that either address is “accurately” registered with the U.S. Postal Service or with a commercial mail-receiving agency established pursuant to U.S.P.S. regulations.

• Clarifying the definition of “person” to include individuals, groups, unincorporated associations, limited or general partnerships, corporations, or other business entities. The FTC confirmed that both for-profit and not-for-profit businesses that send commercial messages are within the scope of the CAN-SPAM requirements.

• Clarifying the definition of “sender.” The modified rules clarify which of multiple advertisers in a single message is responsible for compliance. The FTC’s clarification allows multiple marketers in a single e-mail to designate a single sender for purposes of CAN-SPAM compliance. The benefit from this rule is that a single opt-out link and single valid physical postal address can be displayed in a multi-advertiser e-mail. The sole sender appearing in the “from” line becomes the designated sender of the e-mail and is responsible on behalf of all advertisers in the message for complying with key provisions of the act.

This entry was posted on September 6, 2008 at 9:21 am and is filed under Marketing, General. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response or trackback from your own site.

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