New CAN-SPAM Act for 2008

Guest Blogger: JL Scott, i-Cop.org

Now, the BIG One - VERY IMPORTANT!

Anything to do with spam laws is important and should be given a heads up.

As you probably know, the CAN-SPAM Act has been a travesty against legitimate online business owners from the beginning. It gave us an opt-OUT law rather than an opt-IN law.

This law is commonly referred to as the “YOU-CAN-SPAM Act” because the bill does NOT require emailers to get permission before sending commercial email.

This means, with certain conditions, anyone can send you commercial email, and it’s up to YOU to opt-OUT of their list. There is NO rule that anyone has to use opt-in procedures.

However, this hasn’t stopped the anti-spam people who have declared (no rule - just their say-so) that you MUST use double opt-in procedures to build your list - or they will have you black-listed with the ISPs.

Most of this is to promote “pay-to-send email.” We don’t hear much about it, any more, but it’s merely gone underground.

The same people are still there - still working on it. This includes John McCain, who was one of the MAJOR players in getting the CAN-SPAM Act written and passed.

And, this is a guy who ADMITS he knows NOTHING about computers, and can’t even USE one! Now, WHY would he have a dog in this race? Think his dog might be green with pictures of presidents on it?

(No - this isn’t a political statement and it has nothing to do with our upcoming elections. I raked McCain over the coals for the CAN-SPAM Act years ago. So, don’t start with me!)

The “pay-to-send email” people also include Anne Mitchell, former CEO of Habeas, Inc. You DO remember Habeas, don’t you? If not, they were one of the first companies trying to get folks to pay to send their email, and I fought them tooth and nail.

The Federal Trade Commission has now issued four new rules that amend the CAN-SPAM Act of 2003.

Anne Mitchell - yes, the same Anne Mitchell - has helped author and assisted with the development of the new amendments. What does THAT tell us?

The new rules came out as a 109 page memorandum. Good GRIEF!

Anne has also created a 49 minute MP3 file that fully explains these changes, including what they mean to you and how to comply with the changes in detail. And, of course, that Mp3 sells for $39.95!

Gee, wouldn’t you think that information would be FREE for folks to use? Oh, I get it … write the amendments to be so complicated, people have to PAY to get help understanding it from one of the authors!

And, people wonder why I’ll no longer have anything to do with working with the FTC - or any other government agency!

But, I digress. I don’t see anything so complicated in these new rules that requires paid explanation. So, I’m going to give it to you here - for FREE!

The amendments go into effect at the end of this month - June, 2008.

The amendments affect all senders of any commercial email with a list of any size from 2, on up.

Here are the rules:

#1 The receiver of the email cannot be required to pay a fee, provide information other than his or her email address and opt-out preferences, and must be able to opt-out of the mailing list using a SINGLE ACTION.

This may be by replying to the email - or by clicking ONE link to go to a SINGLE web page.

#2 The use of the word “person” is defined in regard to whether the CAN-SPAM Act applies. “Person” is now defined to include non-companies. In other words, any and everyone can be liable for sending commercial email - breathing person, company, organization, etc.

#3 You may use a post office box or private mailbox (PMB) - rather than the address of an actual private building - as the physical address in your commercial mailings to satisfy the CAN-SPAM Act.

#4 For any mailing containing advertisements from 3rd party advertisers, either the party who the email is “from” must have an advertisement in the email - or - all of the advertisers with ads in the mailing are responsible for opt-out requests.

This is known as the “Designated Sender” rule. When the party listed in the “From” field has an ad in the mailing, that party becomes responsible for processing opt-out requests.

I don’t see anything complicated about any of this. The fourth rule IS a bit convoluted in the way of government writings, but something had to look complicated if there were to be a product to sell.

Let’s put it this way. If you send out a mailing with 3rd party ads, just be sure to have an ad of your own. Then, only YOU have to worry about processing any opt-outs.

If you DON’T have your own ad in the mailing, each advertiser MUST remove any opt-outs from their own lists. Assuming, of course, they even HAVE a list.

Seems simple enough to me. Don’t see any 40 bucks worth of information there!

If you would like to read the entire 109 page document, you can get it here:

www.ftc.gov/os/2008/05/R411008frn.pdf

In any event, if you are sending commercial email - including an ezine or newsletter - be SURE you get in compliance with these new rules before the end of the month.

And, yes - it DOES apply to everyone sending commercial email within or into the USA!

I really want to hear from you! Tell me what you think!

Have a fabulous week, and … keep on keepin’ on!

jl

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