The FTC has updated the CAN-SPAM law. Here’s what you need to know to remain compliant:
The first change is in the unsubscribe requirements. You can’t require a fee for unsubbing, make them visit a website to unsub, send any kind of reply to an unsub request (not even a confirmation), or ask for any information other than an email address. Any company requiring a recipient to log in to its site to unsub from a mailing list will have to change that fast.
The next change involves the sender. CAN SPAM now defines the sender as the entity whose products are being advertised in the email. That person is the one responsible for CAN SPAM compliance. If a commercial email contains multiple ads, the address in the from line becomes the designated sender.
Yet another change involves physical addresses. It is now okay to use a post office box as your physical address, although an actual street address is still the best way to go.
The second to last change is legalese. As far as the FTC is concerned a “person” now includes groups, organizations, businesses and non profits. This means that now all promotional emails, even those sent by charitable organizations, must comply with CAN-SPAM
The final chance has to do with forwarding. Any promotional emails that encourage the recipient to forward it to their friends must now comply with CAN-SPAM.
It’s important to review these changes and the entire law with your marketing department. You may also want to check with your legal department just to be sure you’re doing everything you can to stay compliant!
















