Anime Sweep

CAN-SPAM’s new provisions - what do they mean?

The big email news of the week is that nearly 5 years since the CAN-SPAM act became law, the FTC announced on Monday that it had approved 4 new rule provisions under the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 (CAN-SPAM). Email insiders across the country are weighing in on the big announcement which has come about as a means to clarify some of the more shady areas on CAN-SPAM compliance and protect consumers from potential loopholes.

Here’s a summary of the 4 provisions:

Clarification of the term “person”. A definition of the term “person” was added to clarify that CAN-SPAM’s obligations are not limited to natural persons and includes individuals, groups, unincorporated associations, limited and general partnerships, corporations or other business entities.

Prohibition of Opt-Out Fees. An email recipient cannot be required to pay a fee, provide information other than his or her email address and opt-out preferences. The email recipient cannot be asked to take any further steps other than sending a reply email message or visiting a single Internet Web page to opt out of receiving future email from a sender.

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Definition of Valid Postal Address. A “sender” of commercial email can include an accurately-registered post office box or private mailbox established under US Postal Service regulations to satisfy the Act’s requirement that a commercial email display a “valid physical postal address”

Definition of “Sender”. 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. This new rule will mean multiple marketers advertising in a joint email can designate who will be the “sender” and will be responsible for CAN-SPAM compliance. This means whoever is in the “From” line is responsible for compliance.

What does this mean? - In short the new provisions are intended to clarify the Act’s requirements and for most senders, it’s unlikely it will affect you to a great extent if you are already following CAN-SPAM compliance . If you have any thoughts or comments you want to address send us an email to deliveryteam@campaigner.com.

You can read the full FTC release here. The new provisions will become effective 45 days after they are published in the federal registry.

Safe sending,

Jeremy SaibilDirector, Deliverability

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