Grab the Can Opener and Take a Peek
 Most marketers are keenly aware of the Federal Trade Commission (FTC) CAN-SPAM Act of 2003, which is designed to protect email users against a barrage of unwanted email solicitations. Keeping up with these regulations is crucial because the fines, if levied against your firm for non-compliance, are hefty indeed. The FTC has updated CAN-SPAM with four new rules, which are now in effect and are detailed in the official 109-page declaratory document on the FTC’s Web site. If you send any commercial email, you’ll want to be sure you’re in compliance with the new rules:
- “One-step” for unsubscribing — Your email must include functionality allowing recipients to remove their names from your list in one action — either by replying to the email (i.e., “Please hit the ‘Reply’ button and type ‘Remove me’ in the subject line”) or by clicking to a single Web page where users can quickly unsubscribe. Email recipients can’t be required to pay a fee for this functionality, and you can’t require people who are unsubscribing to provide any personal information except an email address to accomplish the opt-out. This rule directly affects all senders who currently require their subscribers to provide a password when attempting to unsubscribe.
- Liability of “persons” — The definition of the term “person” was added to further clarify that CAN-SPAM obligations aren’t limited to natural persons. The FTC created this clarification for the purpose of assessing liability and imposing sanctions for violations of the CAN-SPAM Act by virtually all senders of email. The term “person” includes individuals, groups, unincorporated associations, corporations and non-profits.
- Say “hello” to your PO box again — The third rule is great news for many companies: A PO box or private mailbox established under United States Postal Service regulations can now be used as the physical address in commercial mailings to satisfy CAN-SPAM requirements. So, if your firm has a box at Mailboxes Etc., you’re free and clear to use it.
- The “sender” is now definitely the sender — Senders mailing on behalf of other advertisers take note: The fourth change directly addresses mailings that include third-party advertising and the ensuing (and understandable) confusion for the recipient. If recipients want to opt-out of a mailing that appears to originate from multiple sources, they shouldn’t have to spend time figuring out who to send the opt-out to. The new rules state that the sole sender that appears in the “From” line of the email is the designated sender of the message, and is therefore legally responsible for processing the opt-out requests for the mailing on behalf of all advertisers contained therein; that responsibility also includes conforming to all of the act’s requirements (such as providing a physical address).
How these changes affect you
The rule regarding the establishment of PO boxes as valid physical addresses is a distinct benefit for businesses that don’t want to disclose their true brick-and-mortar addresses for security reasons.
In contrast, the potential consequences may come into play if you’re unclear about the rules regarding the definition of a “person” and “designated sender.” The fines that can be levied for violating the new rules are $11,000 per incident, so it goes without saying that there are 11,000 reasons to become acquainted with the new law.
When you’re implementing any changes associated with these rules, you can take the opportunity to evaluate your email marketing strategies. For example, while you’re complying with the CAN-SPAM Act by letting end-users easily unsubscribe, leverage the same simplicity and turn it to your advantage by making it easy for users to subscribe to your eNewsletter on your Web site. Check out tips for simplifying subscriptions in this issue.
You can ease your mind by working with experts whose job is keeping up with these rules. Contact the professionals at Proven Systems at (800) 720-5398 or info@provensystems.com.
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