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CAN-SPAM
Update — 2008
The folks at the Federal Trade Commission, which oversees the CAN-SPAM Act of 2003, have released an update effective July 7, 2008. The changes are minimal but worth reviewing for current or prospective financial email marketers.
Below are the main points of the law that are affected by the update.
| » Section Updated |
Definition of "Sender."
No false or misleading headers ("From:" name, domain, etc.) |
| Comment/Impact: |
| This has been more clearly defined as the entity identified in the ‘from line’ of a commercial message. This clarification mostly affects organizations engaging in co-advertising within a single email message.
Ideally, your messages should come from somesender@YourFinancialInstitution.com. Another option is to mail from YourFinancialInstitution@yourESPsdomain.com. In either case "YourFinancialInstitution" is deemed to be the sender. Most top-tier email service providers (ESP’s) support this ability. Either way, you should make sure that your sending domain is "authenticated" to ensure the best possible delivery experience. |
| » Section Updated |
Provide Simple Opt-Out Process
New: Charging or Requiring Login for Opting out is Prohibited |
| Comment/Impact: |
| This has been tightened up a bit to specify that a recipient must be able to opt-out by reply email, or by clicking a link within a message to a single web page. The process must NOT require the user to enter anything other than the email address to opt out. In other words, no logins or other barriers for removal.
For clients who use subscriber preferences forms for multiple subscriptions, this means separating the processes for subscription preferences, address changes and opt-outs, since different levels of security are required for each process. Your ClickRSVP account manager will be able to walk you through the various options as they arise.
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| » Section Updated |
| A valid Post Office box can now be used as a Physical Address |
| Comment/Impact: |
| This requirement has been relaxed to allow "accurately registered" post office boxes as complying with the law. Previously, only physical addresses were allowed. This is a boon to financial institutions, many of which receive official mail at P.O. Boxes. However, we still recommend listing a physical address where possible.
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| » Section Updated |
| Definition of "Person" |
| Comment/Impact: |
| The term person has been more clearly defined so that it is not limited to a natural person, but includes an individual, group, unincorporated association, limited or general partnership, corporation, or other business entity. The premise for this clarification was mostly related to unincorporated associations or non-profits. The update clearly states they are NOT exempt from CAN-SPAM. |
Of course, CAN-SPAM compliance is only a baseline threshold for successful email marketing. The more significant issues are message relevance, list hygiene and relations with ISP’s. A well-planned program looks at all those factors (and many more) to leverage email’s effectiveness.
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