Wednesday, May 21, 2008

Updates to CAN-SPAM – Are you compliant?

Chances are that if you’re using a reputable email service provider to send out your email blasts that you are staying compliant with the many intricate requirements of the CAN-SPAM Act. Our ESP, Gold Lasso, actually sent us an email recently that briefly explained recent updates to the law.

Take a look:

  1. People 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 beyond sending a reply e-mail or visiting a single Web page to opt out of receiving future e-mails from a company.
  2. The definition of “sender” has been modified when multiple parties are involved in an e-mail, so they can designate which company will be considered the sender and will have to comply with Can Spam’s requirements by putting its name in the “from” line and its postal address in the body copy. It is the responsibility of the sender to assure compliance with this update.
  3. A post-office box can now serve as a legitimate postal return address under the requirements of Can Spam. It is the responsibility of the sender to assure compliance with this update.
  4. The FTC decided not to give marketers “safe harbor” protecting them from Can Spam violations made by affiliates. The commission has long maintained that marketers are responsible for the actions of affiliates who send e-mail on their behalf.
  5. The FTC also decided not to shorten the time marketers must honor opt-out requests from 10 days to three.

Thanks Gold Lasso for keeping us up to date. Are you still compliant?