The FTC filed suit against Match.com for using fake accounts to entice people into signing up for accounts. (WA Post) Part of the FTC’s allegations include that Match flagged the accounts and prevented them from contacting paying Match users while simultaneously allowing the users to contact free Match users. I’m actually surprised the FTC took action. I’m not surprised Match...
The FTC (US Federal Trade Commission) is soliciting comments on CAN-SPAM legislation: A. General Issues 1. Is there a continuing need for the Rule? Why or why not? 2. What benefits has the Rule provided to consumers? What evidence supports the asserted benefits? 3. What modifications, if any, should be made to the Rule to increase its benefits to consumers? (a) What evidence supports the proposed...
Various things happening in the email space recently that are worth mentioning but don’t have enough to justify a whole blog post. Verizon announced a new umbrella company for the AOL and Yahoo media properties, including things like Engadget, Huffington Post. Based on the various press articles I’ve seen this doesn’t appear to affect the email handling for either set of domains...
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...
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...
Boris Mizhen is once again on the wrong side of legal action. This time it’s not as simple as Microsoft suing him for creating hundreds of thousands of accounts to try and game the spam scoring system. Instead, he seems to have run afoul of the FTC. This case isn’t obviously about email, but the FTC alleges that companies under the “control or influence” of Boris set up a...
Jon Leibowitz is slated to be appointed the new chair of the FTC as reported by Bloomberg and CNet. This may mean tougher regulations online. In the past Mr. Leibowitz has advocated that online advertisers move to opt-in for website cookies. This may signal his intention to put more control in the hands of the consumer. According to Bloomberg, Mr. Leibowitz has also “advocated more...
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. The FTC’s opt out clarification “complicates things in that it demands simplicity when simplicity may...
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