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Total Compliance: What the Changes in CAN-SPAM Mean for You
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Total Compliance: What the Changes in CAN-SPAM Mean for You

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A webinar presented in June 2008 by UnsubCentral and the Email Sender and Provider Coalition that addressed the recnet additions to the CAN-SPAM Act

A webinar presented in June 2008 by UnsubCentral and the Email Sender and Provider Coalition that addressed the recnet additions to the CAN-SPAM Act

Published in: Business, Technology

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Transcript

  • 1. Compliance A Webinar Presented by Total What the Changes in CAN-SPAM Mean for You
  • 2. Introductions… John Engler VP & General Manager Moderator: Justin B. Weiss Associate Counsel
  • 3. Agenda…
    • Background & Context
    • Key Issues Raised in the NPRM
    • The Four New Points
    • Additional Commentary
    • Open Questions
    Agenda…
  • 4. Did You Know? of email marketers are unaware of the CAN-SPAM Act and its requirements?* 81%
  • 5. Background & Context CAN-SPAM Act Passed Adult Labeling Requirement First Rule Issued Notice of Proposed Rulemaking Final Rule Issued 2004 2005 2006 2007 2008 Final Rule In Effect
  • 6.
    • Multi-advertiser messages
    • Covered entities vs. covered messages
    • Valid physical postal address
    • Shortening the period of time to honor unsubscribes from 10 to 3 days
    • Impairing consumer’s opt-out choices
    • Forward-to-a-Friend
    Key Issues Of the NPRM
  • 7.
    • Liability may attach to any “person,” including non-natural persons
        • Individuals
        • Groups
        • Unincorporated associations
        • Limited or general partnerships
        • Corporations
        • Other business entities
    The 4 New Points #1
  • 8. The 4 New Points #2
    • Multiple advertisers (“senders”) in the same message may designate one among them as a “designated sender”
        • Must be a true “sender,” as defined in the Act
        • Must be the only one of these senders in the “From” line
        • Must abide by all core compliance requirements
        • May be the only unsubscribe link and valid physical postal address
  • 9. The 4 New Points #3
    • Cannot complicate the opt-out mechanism
        • No fees
        • No extraneous info beyond email address and unsubscribe preferences may be required
        • Reply email
        • Single-page web based opt out
  • 10. The 4 New Points #4
    • Point 4: P.O. Boxes and Private Mailboxes okay
        • Satisfies “valid physical postal address”
        • Must be “accurately-registered” per USPS regulations
  • 11. Additional Commentary
    • Forward-to-a-Friend
      • If no “procurement” or “inducement” to forward, then advertiser has not “initiated” the message and compliance is not required
      • If procurement is found, then full compliance required, and prior opt-out requests must be honored (i.e. unsub list must be scrubbed first)
      • Applies equally to automated mechanisms in the message, or traditional forward button in email client
  • 12. Additional Commentary
    • 10 day rule maintained
    • No safe harbor for “affiliate” messages
    • Most messages require “primary purpose analysis
      • Legal
      • Debt collection
      • Copyright infringement and market research
      • Free services
      • Online groups / listservs
      • Negotiations, B2B
      • Associations and its members
      • Unsolicited newsletters
      • Prospective employee messages
  • 13. Open Questions
    • Designated sender implementation
        • “ From lines”
        • How can list owners “advertise or promote” themselves in the message so as to become the “designated sender”?
    • Forward-to-a-Friend compliance
        • What counts as “inducement” in the absence of consideration?
        • How to comply with CAN-SPAM when consumer forwards using email client?
  • 14.
    • John Engler, [email_address]
    • Justin B. Weiss, [email_address]
    Contact Information Thank You! Questions?