May 12, 2008 | By Spencer Kollas
This is the message sent out to our StrongMail customers. As we get more information and understanding I will update this blog
Today, the FTC announced four new rule provisions under the CAN-SPAM Act. These new provisions bring some much needed clarification to several key definitions.
In summary, the new rule provisions address four topics:
Prohibition of an Opt-out Fee – This provision prohibits the imposition of any fee, any requirement to provide personally identifying information (beyond one’s email address), or any other obligation as a condition for accepting or honoring a recipient’s opt-out request.
Definition of "Sender" – CAN-SPAM now defines "sender" as the entity identified in the "from" line. The definition of “sender” was modified to make it easier to determine which of multiple parties advertising in a single email message is responsible for complying with the Act’s opt-out requirements.
Definition of “Valid Physical Postal Address” - A “sender” of commercial email can now 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 email display a “valid physical postal address."
Definition of "Person" – Up until now, CAN-SPAM had no definition for "person," which created some confusion in regards to whom the act applied. With this new provision, "person" has been defined as an individual, group, unincorporated association, limited or general partnership, corporation, or other business entity. Note that non-profits are not exempt from CAN-SPAM.
HOW THIS MAY IMPACT YOU
These new rule provisions will not likely affect your day-to-day email operations, as these updates are more applicable to companies not currently following the email best practices that StrongMail promotes to all of its customers. In fact, the best practices we recommend go far above and beyond current CAN-SPAM provisions.
WHAT YOU SHOULD DO
If you think you might not be in compliance, you can review the FTC press release or the official May 12 Federal Register Notice for more information on the updated provisions.