Sound simple? Consider all the lists and databases that John ISP. How about a Company X reseller or distributor? What if Company X has an affiliate program? Perhaps it has other widget-selling locations, branches, or franchises? All of these have to remove or suppress John ISP. However, is Company X in real danger if they ignore the suppression rule and allow commercial email to be sent to John ISP.
Most lawsuits will be filed against the big, obvious targets, such as emailers that send offensive or deceptive messages to non-permission lists. The damage that can be done to your reputation because of a single publicized legal bout with spam could permanently damage your marketing career.
Better-safe-than-sorry interpretations say that marketers should never, ever send anything to that address anymore. And any queries from a DNE-list address should go unanswered.
We at Sherpa believe that you can return a DNE-list address to active status if they choose to re-subscribe. But take extreme care and log all contacts showing who contacted whom first. If you get a new subscription request from a DNE-list address, treat it with kid gloves. Your email vendor can suggest alternatives based on your operating system, but here are two possibilities: - At your Web site, requests coming from DNE-list addresses from a Web form can trigger a warning page or pop-up alert reminding users that they had previously opted out of email.
It asks them to confirm the request. If you get an affirmative, first remove the address from your DNE list and then proceed with the subscription process. You might have to override your DNE protection to send that email, though.
Again, your database manager or ESP might suggest a more-productive method. We'll respond promptly and let you know how we can help. If you send commercial email, and especially if you have affiliates that potentially send commercial email, you will want to stay up to date on the requirements of CAN-SPAM. The FTC clarified 4 basic topics:. The first involves the "unsubscribe process" that has always been a part of the CAN-SPAM requirements you must provide a valid and functioning unsubscribe method.
The second issue involves the common situation where a commercial email is really coming "from" more than one party. The single party must meet certain requirements, however must meet the definition of sender under the Act, for example and it is important to note that if the designated sender does not comply with the other requirements of the Act, the other parties involved in the email can still be held responsible for those violations.
The third issue simply clarifies that the requirement of a valid physical address in the body of the commercial email may include an accurately registered P. Obviously, the address must still be valid. These updates and clarifications are very useful to legitimate emailers because it removes some of the doubt that existed previously. This entry was posted on Friday, July 11th, at am and is filed under Legal Protection.
There is no private right of action. The definition of each term is discussed in further detail below, along with the related issues of CAN-SPAM liability with respect to multiple senders and forward-to-a-friend e-mail marketing campaigns.
Initiators of commercial e-mail messages must comply with all aspects of CAN-SPAM except for certain opt-out requirements that apply only to senders. For more on these requirements, see Commercial Message Requirements Initiators , below.
Note that the definition of initiate does not include actions that constitute routine conveyance—i. A sender is an initiator whose own product, service, or Internet website is advertised or promoted in a commercial e-mail message.
Given the above definitions, note that commercial e-mails may have multiple initiators and senders. The affiliate is an initiator because it transmits the e-mail, while the company is an initiator because it procures the transmission of the e-mail.
The company would also be considered a sender under CAN-SPAM because it is an initiator whose products are also advertised in the e-mail. If each of the above is satisfied, then only the designated sender need comply with the CAN-SPAM requirements applicable to senders processing and honoring opt-out requests, valid physical postal address.
To guard against potential liability e. Companies commonly participate in forward-to-a-friend e-mail marketing campaigns i.
Such campaigns are typically conducted via one of the following methods:. However, merely encouraging a consumer to forward a message, without more, is permissible and will not subject a company to CAN-SPAM liability. The FTC has also indicated that consumers who forward commercial messages—without being offered any consideration or inducement—are not subject to CAN-SPAM even though they would technically be considered initiators under a strict reading of the statute.
If the message is a transactional or relationship message as discussed below , you need only ensure that the message does not contain false or misleading header information. To determine whether an e-mail message contains any transactional or relationship content, assess whether the message does one or more of the following:.
If the message contains any of the above information and no commercial content, then it is considered a transactional or relationship message. Transactional or relationship messages may not contain false or misleading header information i. Such messages have a commercial primary purpose if either:. Any person or entity that initiates a commercial e-mail message i. Each of these requirements is discussed in further detail below. Note that separate requirements apply to senders of commercial e-mail messages — see Commercial Message Requirements later in this article.
The CAN-SPAM Act prohibits the transmission of a commercial e-mail message or a transactional or relationship message that contains materially false or misleading header information. This is the only requirement that applies to both commercial and transactional or relationship messages.
A subject line is deceptive if the initiator of the message had actual knowledge or knowledge fairly implied on the basis of objective circumstances that the subject line would be likely to mislead the recipient about a material fact regarding either:.
Commercial e-mails must clearly explain how the recipient can opt out of receiving future commercial messages from the sender via one of the following opt-out mechanisms:. If there is an opt-out menu offered, one menu option must allow a complete opt-out of all commercial messages from the sender. The opt-out mechanism must be functional for at least 30 days after the e-mail is sent.
Businesses should therefore consider ways to make the opt-out notice stand out from other parts of the message, such as through font size, color use, or other formatting approaches. They should also test their opt-out mechanisms on a regular basis and promptly correct any issues.
A commercial e-mail message must identify the message as an advertisement or solicitation unless the recipient previously consented to receive the message.
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