This week, the Federal Trade Commission approved four new rule provisions under the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM). This special post is meant to update you on the changes. Interpretations are still being formed for how this impacts you as an e-mail marketer – we suggest reading the summary of the FTC posting (detailed version also available) and consulting your legal department for their recommendations. You may also visit this blog for additional information in the future.
The Provisions
The new rule provisions address four topics that may affect your eMarketing efforts:
1) An e-mail recipient cannot be required to pay a fee, provide information other than his/ 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.”
4) A definition of the term “person” was added to clarify that CAN-SPAM’s obligations are not limited to natural persons.
In addition to the new provisions, the Commission provided a view on how CAN-SPAM applies to forward-to-a-"friend" marketing campaigns – where someone receives a commercial e-mail message and forwards it to another person or uses a web-based mechanism to forward a link/ copy of a webpage to another person. The SBP explains that, as a general matter, if the seller offers something of value in exchange for forwarding a commercial message, the seller must comply with the Act's requirements, such as honoring opt-out requests.
Items detailed in this update will be finalized and go into effect 60 days from the May 12, announcement date. The FTC's Statement of Basis and Purpose (SBP) will be published in the Federal Register on a date yet to be announced. In the SBP, the FTC will include their views on other CAN-SPAM rules, including forward to a friend email messages.
