New CAN-SPAM Rules Effective This Month Require Single Action Opt-Out, Designated Senders, and More

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Four new rules have been issued by the Federal Trade Commission which augment and amend the CAN-SPAM Act of 2003. These four new rules amending the CAN-SPAM Act take effect this month (June, 2008), and affect all senders of commercial email who have an email list of any size.

Here, in a nutshell, are the four new rules:

1. The first new rule relates to the definition of “person” for the purpose of whether CAN-SPAM applies. Suffice to say that it applies to everybody.

2. The use of a post office box or private mailbox (“PMB”) as the physical address in commercial mailings satisfies CAN-SPAM.

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3. The ability to opt-out of a mailing must be accomplished by one single action – either replying to the email, or clicking through to a single web page. Only.

4. For any mailing which contains advertisements from 3rd party advertisers, either the party who the email is “from” must have an advertisement in the email (in which case they become responsible for processing opt-out requests) or all of the advertisers with advertisements in the mailing are responsible for opt-out requests. This is known as the “Designated Sender” rule.

It is, of course, the last two rules which can be confusing, confounding, and require clear explanation. That explanation is contained, in detail, in our parent company ISIPP’s explanation of how to comply with CAN-SPAM.

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