The FTC answers questions about CAN SPAM

The FTC posted answers to a number of questions about the CAN SPAM act.

Email is an essential part of most companies’ marketing strategy. If you send commercial email – or have others send it for you – are you complying with the CAN-SPAM Act and the FTC’s CAN-SPAM Rule? FTC attorney Christopher Brown answers some of the CAN-SPAM questions businesses are asking.

Nothing really surprising there, but a good read for folks who want a quick refresher on CAN SPAM and a new perspective from the FTC.

Linking identities to email addresses
Utilizing all of your data

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Is harvesting illegal under CAN SPAM

This issue comes up repeatedly, as many people have read the CAN SPAM act and believe that CAN SPAM specifically prohibits sending mail to harvested address. This is not how I read the law.
The FTC publishes a CAN SPAM Compliance Guide for Businesses that only mentions harvesting in the context of criminal penalties for violations. They list the following 7 main requirements of CAN SPAM.

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June 2015: the Month in Email

Happy July! We are back from another wonderful M3AAWG conference and enjoyed seeing many of you in Dublin. It’s always so great for us to connect with our friends, colleagues, and readers in person. I took a few notes on Michel van Eeten’s keynote on botnets, and congratulated our friend Rodney Joffe on winning the prestigious Mary Litynski Award.
In anti-spam news, June brought announcements of three ISP-initiated CAN-SPAM cases, as well as a significant fine leveled by the Canadian Radio-television and Telecommunications Commission (CRTC) against Porter Airlines. In other legal news, a UK case against Spamhaus has been settled, which continues the precedent we’ve observed that documenting a company’s practice of sending unsolicited email does not constitute libel.
In industry news, AOL started using Sender Score Certification, and Yahoo announced (and then implemented) a change to how they handle their Complaint Feedback Loop (CFL). Anyone have anything to report on how that’s working? We also noted that Google has discontinued the Google Apps for ISPs program, so we expect we might see some migration challenges along the way. I wrote a bit about some trends I’m seeing in how email programs are starting to use filtering technologies for email organization as well as fighting spam.
Steve, Josh and I all contributed some “best practices” posts this month on both technical issues and program management issues. Steve reminded us that what might seem like a universal celebration might not be a happy time for everyone, and marketers should consider more thoughtful strategies to respect that. I wrote a bit about privacy protection (and pointed to Al Iverson’s post on the topic), and Josh wrote about when senders should include a physical address, what PTR (or Reverse DNS) records are and how to use them, testing your opt-out process (do it regularly!), and advice on how to use images when many recipients view email with images blocked.

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Don't like opt-outs? Target your program better.

I get a LOT of spam here. Most of it is marked and trivial to get rid of. Some of it is what I would call semi-legitimate. It’s a real product, but I never asked to receive any information from this company and am not actually part of their demographic. For one time things I just hit delete and move on. Life is too short to complain or opt out of every spam I get. (Tried that, got more mail)
But sometimes if the same sender keeps bothering me, I will send back an email asking them to cease contact. I recently had an occasion where someone sent an initial email trying to sell me bulk SMS, online video and other services. I ignored it because we’re not in the market for any of these services. A week later I get a followup asking why I hadn’t provided feedback to them and if there was a better person to talk to at the company. I looked for a way to opt-out of this message stream, but there wasn’t one. I send a reply telling them we were not interested in speaking to them and to please cease all communication. (“You didn’t receive feedback because I have no interest in talking to you. Please cease all future contact.” Admittedly that was terse, but it was polite.)
My request to cease communication was not well received, nor was it honored. Mind you, they first contacted me trying to sell me services that are totally off what we offer. When I asked them not to contact me, they turned it around that we’d lost business.

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