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

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’s what the new CAN-SPAM Act rules are. For a full explanation of what you must do in order to comply with the new rules (including the complicated “Designated Sender” rule), you can download a recording of ISIPP’s teleseminar, describing the rules and how to comply in detail, for just $39.97.

[Download the recording of the CAN-SPAM Act of 2003 new rules teleseminar here! $39.97, 49 minutes long!]

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.

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 great explanation. That explanation is contained, in detail, in ISIPP’s excellent teleseminar on the subject, held earlier this week, and recorded and available to purchase and download here.

[Download the recording of the CAN-SPAM Act of 2003 new rules teleseminar here! $39.97, 49 minutes long!]

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