New CAN-SPAM Rules

Come July 2008, there will be 4 new CAN-SPAM rules, or modifications on the rules. The first is in regards to opting-out. A subscriber cannot be asked to log into a portal or website to then unsubscribe. Design World has always made it very easy with a one-click unsubscribe at the bottom of all eNewsletters. There was some caveat about the recipient cannot be asked to pay a fee to opt out- now thats a great one! I cannot image a subscriber being required to pay to opt out of eNews, but I suppose someone would try this. Moving on..

Another key change is the definition of the Sender. Design World occasionally sends ‘on behalf of Company X’. The company now mentioned in the subject line is on the hook as official sender, meaning both Design World and named company are both responsible for adhering to the new rules, or all parties face liability. We always work closely with companies when they offer their own opt-out mechanism, but is key that companies wishing to send offer compliant systems.

The other rules cover address requirements and differences between transactional email versus commercial and defines term ‘person’ to include individuals, groups, unincorporated associations,
corporations, limited or general partnerships, and non-profits. None is excempt.

It turns out, the law requires an opt-out to be executed within 10 days- apparently to accomodate longer data sync cycles, but you sure could get a lot of spam in 10 days from the same sender. DW has always practiced immediate opt-out, and would recommended the same to anyone involved in eDelivery.

https://www.ftc.gov/opa/2008/05/canspam.shtm