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Posted by: Laura Theisen 7/15/2008 8:52 AM
The FTC has made some additions to the CAN-SPAM laws and although these aren't dramatic changes - particularly if you are currently CAN-SPAM compliant - they are worth noting.
 
There are four additions to the rules already in place. Disclaimer: I'm not a lawyer. I'm going to paraphrase the rules here loosely and include a link to the entire document that you can review with your lawyer in detail if you believe any of these rules may affect your business.
 
1. Redefines the term "person".  The term's definition has been broadened to include "an individual, group, unincorporated association, limited or general partnership, corporation or other business entity".  This seems to be an attempt to thwart some individual's attempts to hide wrong-doings behind corporations or groups.
 
2. Redefining the term "sender".  This allows businesses who send out commercial email with multiple advertisers to name one "sender" for the group message.  Only that sender has to comply with all CAN-SPAM rules.  But this isn't as black and white as it may seem so if you are involved in commercial mailings like this you might want to read through the FTC information.
 
3. PO Box in the address is now OK.   You can now use a PO Box in your address on your email as long as it is a legitimate address that receives mail from the USPS.
 
4. Stricter rules on opt-outs.  Some businesses require passwords or additional information to simply the email address for someone to opt-out. This is not longer allowed. You must have a link that goes directly to where a person can opt-out and it must be able to be done with no more information than an email address.

There is also some additional clarification provided in the document that should be noted involving Forwar-to-a-Friend emails. Constant Contact has explained this about as concisely as I've seen here on their website.

View the FTC press release

View the full FTC document
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