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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FTC Opt out clarification

In early July, the Magilla Marketing newsletter has an article about how email preference centers may now be illegal due to the clarifications published by the FTC. Trevor Hughes of the ESPC is quoted extensively, lamenting about how marketers cannot legally interfere in the unsubscribe process.

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Yahoo.com on FCC wireless "do not mail" list

Update: As of mid-morning pacific time on 10/7 yahoo.com has been removed from the FCC list.
As part of CAN SPAM the FCC maintains a list of wireless domains that require proof of permission to send mail to. Recently, various email folks noticed that yahoo.com was added to this list.
According to the law, senders have 30 days to meet the permission standards for any recipients at domains on the FCC list. In practical terms what this means is that the FCC and Yahoo have 30 days to fix this error and get yahoo.com off the list. Based on conversations with people who’ve talked to Yahoo and the FCC this is in the process of happening.
This isn’t the first time a non-wireless domain has been added to the FCC list.
As a sender what should you do with your yahoo.com subscribers?
Right now, nothing. There is a 30 day grace period between when a domain goes on the FCC list and when senders need to comply. I have every expectation that this will be removed in less than 30 days.
But what if it’s not?
In that case you will need to segregate out yahoo.com subscribers in 30 days and not mail them until the domain is removed from the FCC list. While I can’t actively suggest ignoring the law, it’s unlikely that the FCC is going to start coming after senders for mailing yahoo.com addresses once the 30 days are up.
More information: Al Iverson’s Spam Resource.

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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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