CAN-SPAM Act Updates -- Advanced Email Rules For Multiple Senders, Opt-Outs, And Send-To-A-Friend

Commercial email is one of the most significant -- if not the most significant -- marketing tool of small ecommerce websites. For this reason, it's a positive concept to stay now with the CAN-SPAM Act's email rules. In May, the Federal Trade Commission (FTC) approved many virgin rules for purposes of clarifying CAN-SPAM's requirements. Here's an easy-to-read summary of these leading developments that affect all ecommerce websites. Multiple Senders And Email Marketing Campaigns One issue under CAN-SPAM was whether all parties in a multi-party email would be required to comply with CAN-SPAM. Under the contemporary rules, multiple parties participating in a single commercial email may designate a single party as the "sender", provided that the designated party: * meets the definition of a "sender"; * is the only party designated in the "from" line; and * fully complies with the requirements of the CAN-SPAM Act. By focusing on the "from" line, the origi
nal rule represents a relatively pragmatic solution that is generally favorable to most joint, commercial email campaigns. However, one valuable trap for the unwary is that if the designated sender does not comply with CAN-SPAM (i.e. identifying the email as an ad or solicitation, including a physical or assign office address, and handling opt-outs), all marketers in the email message will be held liable as senders. Opt-Out Requirements The latest rules streamlined the opt-out course for commercial email. The fresh rules create it clear that email marketers can not require opt-outs: * to pay a fee for a true to opt-out"; * to provide personally identifiable facts other than an email address; and * to hire any steps other than visiting a web episode or sending a reply email. In addition, sales pitches prior to honoring an opt-out request are clearly unacceptable. "Send-To-A-Friend" "Send-to-a-friend" emails are fairly common, exclusively with email newsletters. The F
TC made an influential distinction between send-to-a-friend emails where the marketer merely request the recipient to send to a friend and those emails where any form of consideration is offered -- such as money, awards, prizes, coupons, or discounts). If any form of consideration is offered (the amount is irrelevant), then the seller who requested the forwarding of the email must comply with CAN-SPAM requirements. If no consideration is offered, then the seller require not comply with CAN-SPAM; however, it's recommended that the seller comply in any event. Conclusion The recent rules were the final result of approximately 3 years of consideration of the issues. Many of the suggestions along the path were more burdensome on commercial emailers. However, the prevailing view apparently was that the final rules provide clear guidance so that the reputable email marketers would not be unreasonably restricted. Full text: http://computerandtechnologies.com/email/ne
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