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Recently the FTC came out with updates to the 2003 CAN-SPAM act. There are 4 new items that are specifically listed as new regulations from the FTC. While this is meant as an overview of these provisions, we always recommend checking with your legal team first.

The new rule provisions address four topics: (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.

For some senders not a lot will change in the way that they do business. Others however will need to make some changes within the next 45 days, when these provisions go into effect. Many senders use preference centers to streamline their opt-in and opt-out procedures. Most of these preference centers require a username/email address and password to log into. This process is no longer a legal way to accept an opt-out from future messages. With the FTC’s latest provision senders can not require anything more then the user to enter in their email address on one webpage to process an opt-out. As I have mentioned a number of times it is considered a best practice to implement a one-click unsubscribe. By implementing this one-click process in all of your messages, not only will you comply with the new legal standards but you will also reduce the potential for spam complaints because the process is quick and easy for the end users. Preference centers can still play an important role in subscription management, but they should be accessed through your website or a link in the email that clearly indicates the purpose.

Another important new provision for some marketers is the definition of a sender when it comes to send messages with multiple companies. One example of where this definition is important is when talking about affiliate marketers. The user should be able to easily understand who the sender is no matter how many different companies are part of the message. One of the basic ways to follow this distinction is who is in the From address—this is the first area that the end user will look at.

The FTC also decided not to rule on a number of things with these final regulations. The one that stands out, as it has been discussed quite a bit in the past couple of years, is the 10 day requirement to process unsubscribe. While it had been proposed that the timeline be reduced to 3 days the FTC has decided to maintain the 10 day standard at this time.

As always this article is not meant as legal advice but more as guidance for moving forward. Please make sure to consult your legal advisors for formal guidance. For more information Copies of the Federal Register Notice are available from the FTC’s Web site at http://www.ftc.gov and also from the FTC’s Consumer Response Center, Room 130, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580. The FTC works for the consumer to prevent fraudulent, deceptive, and unfair business practices in the marketplace and to provide information to help consumers spot, stop, and avoid them. To file a complaint in English or Spanish (bilingual counselors are available to take complaints), or to get free information on any of 150 consumer topics, call toll-free, 1-877-FTC-HELP (1-877-382-4357), or use the complaint form at http://www.ftc.gov. The FTC enters Internet, telemarketing, identity theft, and other fraud-related complaints into Consumer Sentinel, a secure, online database available to hundreds of civil and criminal law enforcement agencies in the U.S. and abroad.

As I continue to research this I will update this blog with any new thoughts/ideas.