Insights

Archive for May, 2008

New CAN-SPAM Rule Provisions

Wednesday, May 14th, 2008

The FTC has approved four new rule provisions to the CAN-SPAM act, which created standards for sending commercial email in 2003.  From the FTC press release, the four issues addressed are:

  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.

The full text (PDF, 312KB) provides a more detailed explanation of each of the new rules and some additional information including clarification on how ‘Forward To a Friend’ emails should be classified. 

For most marketers, these new provisions won’t have a practical impact on their email programs. 

The one exception might be the first item, which addresses the opt-out process.  An important best practice has been to make the unsubscribe process simple and straightforward, so I don’t except that a lot of marketers will need to change anything.  However, given the continuing importance of the CAN-SPAM act, everyone should review the new provisions to determine what, if any, effect it has on your email marketing programs.