{"id":5231,"date":"2017-08-13T22:44:40","date_gmt":"2017-08-13T22:44:40","guid":{"rendered":"https:\/\/www.ftcguardian.com\/articles\/?p=5231"},"modified":"2017-08-13T22:44:40","modified_gmt":"2017-08-13T22:44:40","slug":"3-can-spam-blunders-that-every-internet-marketer-should-avoid","status":"publish","type":"post","link":"https:\/\/www.ftcguardian.com\/articles\/3-can-spam-blunders-that-every-internet-marketer-should-avoid\/","title":{"rendered":"3 CAN-SPAM Blunders That Every Internet Marketer Should Avoid  \u00a0"},"content":{"rendered":"<h1><strong>3 CAN-SPAM Blunders That Every Internet Marketer Should Avoid<\/strong><\/h1>\n<p>By Chip Cooper, Esq<\/p>\n<p>Experienced Internet marketers often operate under the misconception that the CAN-SPAM Act doesn\u2019t apply to most routine business communications.\u00a0 With CAN-SPAM Act fines of up to $16,000 per violation, this misconception could add up to a big number.<\/p>\n<p>That\u2019s why Internet marketers should avoid 3 blunders that are CAN-SPAM traps for the unwary.<\/p>\n<p><strong>The CAN-SPAM Act<\/strong><\/p>\n<p>The CAN-SPAM Act of 2003 (CAN-SPAM) promised to provide remedies against annoying and unsolicited bulk email known as \u201cspam\u201d.\u00a0 Typical of legislation that starts out with limited objectives, CAN SPAM reaches much further than regulating unsolicited, bulk email \u2013 and that\u2019s where the blunders come into play.<\/p>\n<p><a class=\"popup_SDLM\" data-toggle=\"modal\" data-target=\"#popup_SDLM_modal\" href=\"#\"><img decoding=\"async\" src=\"\/images\/button_banner-SDLM.png\" alt=\"\" \/><\/a><\/p>\n<p>Before we get to the blunders, let\u2019s review CAN-SPAM\u2019s 5 basic rules as supplemented by amendments enacted in 2008:<\/p>\n<ul>\n<li>header information (identifiers such as To, From, IP Address): must not be materially false or materially misleading;<\/li>\n<li>subject line: must not mislead the recipient about a material fact regarding the email\u2019s contents or subject matter;<\/li>\n<li>return email address: must contain a functioning email address that the recipient can use to request no further messages;<\/li>\n<li>requests to unsubscribe: if a recipient requests unsubscribe from receiving additional emails, emails matching the unsubscribe request must be honored within 10 days with a mechanism that is available from a single web page and that operates with a single click; and<\/li>\n<li>contents: the email must (i) clearly and conspicuously identify that it is an ad, (ii) provide clear and conspicuous notice the recipient may unsubscribe for additional emails, and (iii) contain a valid postal address for the sender (may include a valid post office or private mailbox address).<\/li>\n<\/ul>\n<p>In addition to supplementing the 5 basic rules, CAN-SPAM\u2019s 2008 amendments added an additional rule regarding email newsletters and other emails that have multiple advertisers, contributors, or senders.\u00a0 Under the new \u201cdesignated sender\u201d rule, multiple contributors to the email may designate as single sender who must be designated in the From line, and who will be responsible for CAN-SPAM compliance.<\/p>\n<p>\u201cCommercial\u201d emails are required to comply with all 5 of the basic rules, plus the \u201cdesignated sender\u201d rule.<\/p>\n<p>\u201cTransactional or relationship message\u201d emails are required to comply only with the header information requirement and the \u201cdesignated sender\u201d rule.<\/p>\n<p><strong>Blunder 1 \u2013 CAN-SPAM Applies Only to Bulk Email, Right?<\/strong><\/p>\n<p>Not true.<\/p>\n<p>Although much of the publicity surrounding the passage of CAN-SPAM focused on regulation of unsolicited, bulk email, there is no minimum number of emails for CAN-SPAM to apply; CAN-SPAM applies to even a single email.<\/p>\n<p>So, if a single email relates to the business of an individual or entity, it\u2019s a \u201ccommercial\u201d email and CAN-SPAM applies, and the email is subject to all 5 of the basic rules, plus the \u201cdesignated sender\u201d rule.<\/p>\n<p><strong>Blunder 2 \u2013 CAN-SPAM Only Applies to Unsolicited Email, Right?<\/strong><\/p>\n<p>Not true.<\/p>\n<p>The Federal Trade Commission (FTC) made it clear that CAN-SPAM may apply to emails that are solicited.\u00a0 The FTC stated in regulations issued in 2008 that the FTC would view email newsletters that were subscribed to (or solicited by) a person to fall within the definition of a \u201ctransactional or relationship message\u201d if the newsletter consists exclusively of informational content or combines informational and commercial content.<\/p>\n<p>So, even if the email newsletter is solicited by the recipient, CAN-SPAM applies; however, as discussed above, as a \u201ctransactional\u201d email, the sender is required to comply only with the header information requirement and the \u201cdesignated sender\u201d rule.<\/p>\n<p><a href=\"http:\/\/go.ftcguardian.com\/bw4uoy\"><img decoding=\"async\" src=\"https:\/\/s3.amazonaws.com\/ftcguardian\/images\/728x90-Un-vjy-FTC-GUARDIAN-banner-2.gif\" \/><\/a><\/p>\n<p><strong>Blunder 3 \u2013 Regular \u201cBusiness-to Business\u201d Emails are Not Covered by CAN-SPAM, Right?<\/strong><\/p>\n<p>Not true.<\/p>\n<p>The FTC made it clear in 2008 that emails sent in connection with what most businesses view as \u201cbusiness-to-business\u201d relationship emails may also be regulated as \u201ccommercial\u201d emails under CAN-SPAM.\u00a0 For example, the FTC noted that \u201cbusiness-to-business relationship\u201d emails could include mortgage lenders sending emails to brokers with the latest interest rate information or equipment leasing businesses sending emails to equipment vendors regarding rate sheets.<\/p>\n<p>The FTC expressly rejected a request by business leaders to add a \u201cbusiness-to-business relationship message\u201d category to the \u201ctransactional or relationship message\u201d category discussed above.\u00a0 This means that \u201cbusiness-to-business relationship\u201d emails are subject to all 5 of the basic rules, plus the \u201cdesignated sender\u201d rule.<\/p>\n<p>So, even though this determination by the FTC regarding \u201cbusiness-to-business relationship\u201d emails flies in the face of reason and common business practices, it\u2019s the law according to the FTC.<\/p>\n<p><strong>Conclusion<\/strong><\/p>\n<p>With CAN-SPAM, as with many statutes, there are unintended consequences that sometimes lead to surprising results.\u00a0 Nevertheless, strict compliance with the rules involving the 3 blunders is required in order to avoid liability under CAN-SPAM.<\/p>\n<h2>Here\u2019s How To Make Sure You,\u00a0Your Business & Website Is FTC Compliant<\/h2>\n<p>By now it should be clear how important it is for you to be FTC compliant. But how can you do that without spending $7,500-$8,000 or more on Internet Attorneys?<\/p>\n<p>Smart business owners around the world are doing it with the help of FTC Guardian.<\/p>\n<p>FTC Guardian is a service that is 100% focused on helping to keep you get and stay FTC compliant and fully protected.\u00a0<a href=\"https:\/\/go.ftcguardian.com\/bw4uoy\" target=\"_blank\" rel=\"noopener noreferrer\">And right now, we are offering a free training to give you the knowledge, information, and guidance that you need to stay out of trouble with the Federal Trade Commission.<\/a><\/p>\n<p>Free Compliance Workshop: <a href=\"https:\/\/go.ftcguardian.com\/bw4uoy\" target=\"_blank\"><strong>Join Chip Cooper, Esq., the #1 FTC Compliance trainer in the World, for a one-of-kind, completely free online compliance workshop. Workshops fill up quickly, so register now.<\/strong><\/a><\/p>\n<p>Here are some of the things you\u2019ll discover on the training:<\/p>\n<ul>\n<li>Real-Life Examples of People Who Didn\u2019t Think They Were At Risk, But Who Got Nailed By The FTC, And Why It Could Happen To You, Too<\/li>\n<\/ul>\n<ul>\n<li>The 3 Enormous Powers The FTC Has That Can Change Your Life \u2013 And Your Family\u2019s Life \u2013 Forever!<\/li>\n<\/ul>\n<ul>\n<li>How to Avoid FTC Claims When Collecting Leads With Optin Forms<\/li>\n<\/ul>\n<ul>\n<li>3 Privacy Policy Mistakes Every Digital Marketer Is Making, And Why You\u2019re In The FTC\u00a0Crosshairs.<\/li>\n<\/ul>\n<ul>\n<li>And Much More\u2026<\/li>\n<\/ul>\n<p><b>Remember: legal protection is a massively important part of your business, and it\u2019s one you cannot afford to ignore any longer.<\/b><\/p>\n<p><a href=\"https:\/\/go.ftcguardian.com\/bw4uoy\" target=\"_blank\" rel=\"noopener noreferrer\">Go here to register for our next FREE training and make your business is FTC compliant today!<\/a><\/p>\n<p><b>Disclaimer: \u00a0This article is provided for informational purposes only. It\u2019s not legal advice, and no attorney-client relationship is created. Neither the author nor FTC Guardian, Inc. is endorsed by the Federal Trade Commission.<\/b><\/p>\n","protected":false},"excerpt":{"rendered":"<p>3 CAN-SPAM Blunders That Every Internet Marketer Should Avoid By Chip Cooper, Esq Experienced Internet marketers often operate under the misconception that the CAN-SPAM Act doesn\u2019t apply to most routine business communications.\u00a0 With CAN-SPAM Act fines of up to $16,000 &hellip;  <\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"_analytify_skip_tracking":false,"footnotes":""},"categories":[12],"tags":[17,35,51,55,25,56],"class_list":["post-5231","post","type-post","status-publish","format-standard","hentry","category-ftc-compliance","tag-ftc-online-advertising-guidelines","tag-internet-marketing","tag-online-advertising","tag-online-complicance","tag-online-marketing","tag-technology"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/posts\/5231","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/comments?post=5231"}],"version-history":[{"count":3,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/posts\/5231\/revisions"}],"predecessor-version":[{"id":5365,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/posts\/5231\/revisions\/5365"}],"wp:attachment":[{"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/media?parent=5231"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/categories?post=5231"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ftcguardian.com\/articles\/wp-json\/wp\/v2\/tags?post=5231"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}