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.

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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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Logging in to unsubscribe

I have been talking with a company about their unsubscribe process and their placement of all email preferences behind an account login. In the process, I found a number of extremely useful links about the requirements.
The short version is: under the 2008 FTC rulemaking senders cannot require any information other than an email address and an email preference to opt-out of mail. That means senders can’t charge a fee, they can’t ask for personal information and they can’t require a password or a login to unsubscribe.
I’ve talked about requiring a login to unsubscribe in the past here on the Word to the Wise blog.
Let them go
Questions about CAN SPAM
One click, two click, red click, blue click
How not to handle unsubscribes
I’m not the only person, though, that’s written about this.
The FTC has written about it in the FTC CAN SPAM Compliance Guide for business

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3 new CAN SPAM cases

Xmission, a Utah ISP, has filed suit against 3 companies alleging violations of CAN SPAM. The cases were filed in the Utah District Court in April and June. I’ve downloaded some of the documents and complaints and they are now in RECAP. I’ve also included the complaints here (and the links from here on out are almost all .pdfs of the court documents).
Xmission v. Adknowledge (Case 2:15-cv-00277).
Xmission v. Clickbooth (Case 2:15-cv-00420).
Xmission v. Thompson and Company (Case 2:15-cv-00385).
In all the cases Xmission is alleging similar violations of CAN SPAM.
Falsified header information: part 1
Xmission asserts that the domains in the headers were spoofed, unregistered or belonged to an unrelated 3rd party. One of the complaints listed subject lines of the emails sent, so I dug through my spam folder for similar emails. I found a few examples of what I suspect are the spams mentioned in the suit.

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